1. Overview of Legislation
The legislation regulating the issue of immigration at the moment is the Aliens and Immigration Law, Chapter 105 as amended.1 The Law deals mainly with the issue of refusal of entry within the Republic of Cyprus to illegal immigrants and it provides an extensive list of such persons, i.e. persons who leave off the proceeds of prostitution, persons that have been sentenced as a result of committing murder or who have been convicted to imprisonment for a serious offence, persons not holding a valid passport, poor persons, persons who are mentally disturbed or suffer from a contagious disease. Apart from these categories of persons, the immigration authorities are granted extensive powers to refuse entry to any person who is not a Cypriot citizen or British citizen permanently residing in Cyprus for at least seven years.
The Law has recently been amended on 14 February 2007 for the purpose of harmonization with the following acts of the European Community:
- Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12–18);
- Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents ( OJ L 16, 23.1.2004, p. 44–53);
- Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence ( OJ L 328, 5.12.2002, p. 17–18);
- Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air ( OJ L 321, 6.12.2003, p. 26–31);
- Council framework Decision of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 1–3).
In general, according to section 6 of the Law, persons who are not considered to be illegal immigrants do not have an absolute right of entry within the Republic and may be refused entry therein, except if they hold a permanent residence permit or a valid immigration authorization or who are temporary residents and hold a valid entry permit or disembarkation permit.
The Law also covers the issue of fictitious marriages. In the event that the immigration authorities find that a fictitious marriage has been carried out, they may prohibit foreigners from remaining within the territory of the Republic or they may cancel or refuse to renew the residence permit granted to the foreigner.
Furthermore, the Law concerns the following matters:
(a)Entry into the Republic from approved ports;
(b)The issuing of an order ordering the foreigner to leave the territory from a specified port or within a specified time;
(c)The issuing of orders of deportation and the dealing with the deported person’s property;
(d)The deportation of foreign workers;
(e)The illegal employment of foreigners.
Note:
1. Cap. 105 as amended by Law 2/72, 54/76, 50/88, 197/89, 100(I)/96, 43(I)/97, 14(I)/98, 22(I)/2001, 164(I)/2001, 88(I)/2002, 220(I)/2002, 66(I)/2003 and 178(I)/2004, 8(I) of 2007.
The Law is complemented by the Aliens and Immigration Regulations of 1972 as amended,2 and the Aliens and Immigration (Visas) Regulations of 2004.3 The Regulations deal with the following issues:
(a)The issuing of certificates of permanent residence to foreigners;
(b)The establishment of an Immigration Control Committee;
(c)The issuing or annulment of immigration permits;
(d)The issuing of other types of permits: transit, employment, exercise of an independent profession; student, college student, visitor, family members, special permits to persons suffering from illness, etc.
(e)The manner in which the Immigration authorities issue decisions that a person is an illegal immigrant.
(f)The registration of aliens within the Civil Registry, exceptions to such obligation of registration, the issuing of registration certificates, the information to be provided by aliens for the issuing thereof and the obligations of the alien in relation to such certificates;
(g)Obligations of persons providing a place of residence to aliens;
(h)Obligations of employers of aliens.
2. Visa Policy
The Aliens and Immigration Law, section 2, interprets the term ‘visa’ as an authorisation or decision granted or adopted by the consular authorities of the Republic or one which is required for the purpose of an alien entering into the Republic. It is also useful to mention that section 9(5) and (5) provides that there may be different types of Cyprus visas and that the Council of Ministers may issue Regulations prescribing such types, the procedures to be followed by consulates and the procedures for submitting objections in the event that a visa application is rejected. In general though, the types of visas include authorisations issued by the Republic for:
One or more entries into the Republic for a period of residence not exceeding 3 months at a time per six months from the time of first entry;
Entering for transit purposes via the Republic for 1 or more times for the purpose of being transferred to another EU member state, the visa not exceeding 5 days at a time;
Transit via an airport.
According to section 9 of the Law and subject to the discretionary powers of the Chief Immigration Officer, no person shall enter into the Republic without a passport. Failure to do will lead the immigration authorities to consider such a person as an illegal immigrant. In addition, the same section provides that all TCNs are prohibited from entering into the Republic unless their passport has a Cyprus visa. Again, if no such visa is demonstrated, then the TCN will be considered to be an illegal immigrant. Nevertheless, the Law provides that the Council of Ministers may from time to time issue Orders prescribing that passports or Cypriot visas are not required for the citizens of a certain country or for any class of persons. Thus, such an Order shall prescribe the citizens of the country or class of persons who do not need a visa.
Furthermore, section 9A of the Law deals with the issuing of visas at the borders, as an exception from the general rule that a visa is required to be issued by the consular authorities of the Republic. Thus, a TCN who ought to have a visa from the consular authorities of the Republic is able, subject to certain conditions, to apply for a visa for the purpose of entering or transiting from the Republic where, inter alia:
He complies with the requirements of the Law for entering into the Republic;
He was not in a position to apply for a visa beforehand from the consular authorities of the Republic;
He files the necessary documents which prove the unforeseen and urgent reasons for entering into the Republic;
His return to his country of origin is secured;
Nevertheless, no visa may be granted to a TCN who is considered likely to cause problems to public order, national security or international relations of the Republic unless the immigration authorities consider that it is necessary to allow entry for humanitarian or nation interest reasons or due to the international obligations of the Republic.
Notes:
2. P.I. 242/72, 318/84, 285/86, 19/87, 94/90, 146/91, 321/91, 88/94, 373/96, 216/2000, 257/2000, 498/2001 and 499/2004.
3. P.I. 498/2004.
The Aliens and Immigration (Visas) Regulations deal with the matter of the issuing of visas to citizens of third countries who are under an obligation to appear at a specific point of entry within the internal borders of the Republic for the purpose of entering or passing through the Republic. Section 2 of the Regulations prescribe that the authority responsible for the granting of visas is the Ministry of Foreign Affairs of the Republic.
The Regulations prescribe for the procedure for the issuing of visas, which includes information to be provided, the provision of guarantees for the repatriation and upkeep of the applicant, the carrying out of personal interviews with applicants, the examination of visa applications and applicable criteria therefore,
Furthermore, certain Orders4 have been issued under the Aliens and Immigration Law dealing with the granting of an entry permit and stay for a period of three months of visitors who are citizens of certain countries, without the requirement of a visa. Another important Order issued in 2004 concerns the power of the Council of Ministers to order that citizens of any country prescribed by the Council or any class of persons prescribed do not need a passport or visa. Accordingly, the Council of Ministers has, by virtue of this Order ordered that aliens who are holders of a temporary entry and stay permit in the manner of a permit of employment, exercise of independent profession, student, college student, visitor, family members, special permits to persons suffering from illness, etc, are exempted from an obligation to hold an entry visa for the purpose of re-entering Cyprus.
Entry Visas are required by all TCNs entering Cyprus except the following for stays of up to 90 days:
nationals of Australia, Canada, Japan, USA;
nationals of Andorra, Argentina, Bolivia, Brazil, Brunei, Chile, Costa Rica, El Salvador, Guatemala, Honduras, Hong Kong (SAR), Israel, Korea (Rep), Liechtenstein, Macau (SAR), Malaysia, Mexico, Monaco, New Zealand, Nicaragua, Norway, Panama, Paraguay, San Marino, Singapore, Switzerland, Uruguay, Vatican City and Venezuela;
transit passengers continuing their onward journey by the same or first connecting aircraft within 24 hours, provided holding valid onward or return documentation and not leaving the airport, except nationals of Afghanistan, Bangladesh, Congo (Dem Rep), Eritrea, Ethiopia, Ghana, Iran, Iraq, Nigeria, Pakistan, Somalia, Sri Lanka and Turkey, who require an Airport Transit visa.
With regards to TCNs married to or dependent on EU citizens, the Law concerning the Freedom of Movement and Residence of Citizens of Member States of the European Union and of the Members of their Families which is described in more detail below, prescribes that family members of EU citizens who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or where required, in accordance, with the provisions of the Aliens and Immigration Law.
Note:
4. P.I. 257/2000 and P.I. 150/2002.
3. Citizenship
Other important legislation concerning aliens is the Citizens of the Republic Law5 and the Citizens of the Republic Regulations of 1969 to 2002 which concern the acquisition of citizenship of Cyprus by foreigners as described below.
The Acquisition of Immovable Property (by Aliens) Law, Chapter 109 as amended6 concerns the limitations to the rights of aliens with respect to the acquisition of property within Cyprus. The Acquisition of Immovable Property (by Aliens) Regulations and the Acquisition of Immovable Property by Aliens (Terms, Conditions, Limitations and Criteria for the granting of Permits) have been issued under the aforementioned Law.7
4. Harmonization with the acquis communautaire
The Aliens and Immigration Law has been amended on a number of occasions for the purpose of harmonising the Law with the acquis communautaire. More particularly, amending Law No. 178(I)/2004 has been enacted for the purpose of applying the Common Consular Declaration as this has been ratified by the Law Ratifying the Treaty of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union. It has also been enacted in order to apply Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including the issue of such visas to seamen in transit.
In addition, the Aliens and Immigration (Visas) Regulations were issued for the purpose of applying the aforementioned Ratifying Law and basically concern the issue of applying the provisions of the Schengen acquis as integrated into the framework of the European Union and the acts building upon it or otherwise related to it, to be binding on and applicable in the new Member States as from accession.
A very important piece of legislation concerning immigration is the Law concerning the Freedom of Movement and Residence of Citizens of Member States of the European Union and of the Members of their Families.8 This Law has been adopted for the purpose of harmonisation with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77–123).9
Finally, in April 2004 Regulations were adopted in order to practically implement the above Law, namely, the Freedom of Movement and Residence of Citizens of Member States of the European Union and of the Members of their Families Regulations of 2004.10 It contains the various forms to be filed when applying for residence.
Notes:
5. Law 43/67 as amended by Law 1/72, 74/83, 19(I)/96, 58(I)/96, 70(I)/96, 50(I)/97, 102(I)/98, 105(I)/ 98, 65(I)/99, 128(I)99, 168(I)/2001, 67(I)/2002.
6. Cap. 109 as amended by Law 52/69, 55/72, 50/90 and 54(I)/2003.
7. P.I. 183/72.
8. Law 92(I)/2003 as amended by 126(I)/2004 and subsequently replaced by Law Ν. 7(Ι)/2007.
9. As stated in the preamble of the Law.
10. No. 460/2004.
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