Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Permanent Resident Status Requirements and Procedures for a Former Citizen of the USSR who Lived in Tajikistan When it Became Independent, but Left Prior to the Ratification of the Constitution

In correspondence with the Research Directorate, a Partner at Asian Business Group-Legal Adviser (ABG.LA), a law firm established in Dushanbe that offers services including tax, corporate, and labour law, stated that

[a]ccording to the legislation of the Republic of Tajikistan, former citizens of the USSR who lived in Tajikistan when it became independent but [who] left the country prior to the ratification of the constitution upon their request can be deemed as repatriate. Under the provision of Articles 14, 15, 22 and 23 of the Law of the Republic of Tajikistan "On Migration"…foreigners and stateless persons can be granted the status of repatriate. (Partner 20 Jan. 2017)

The Law of the Republic of Tajikistan on Migration is attached to this Response.

In correspondence with the Research Directorate, a Dushanbe-based junior lawyer from GRATA International, an international law firm that provides legal services including employment, corporate and finance law, stated that for those considered repatriates under Articles 14, 15, 22 and 23 of the Law of the Republic of Tajikistan on Migration, procedures to apply for the permanent residence status are the same as for any foreign citizen (Junior Lawyer 24 Jan. 2017). According to the same source, "there are no exceptions" in the rules regulating obtaining permanent residence status, including for a former citizen of the USSR who lived in Tajikistan when it became independent but left before the ratification of the Constitution (ibid. 23 Jan. 2017). Similarly, in correspondence with the Research Directorate, a representative of the UNHCR Office in Tajikistan, without providing further detail, stated that individuals born in Tajikistan who had USSR nationality and left Tajikistan prior to the adoption of the Constitution would have to satisfy the general criteria for permanent resident status set for foreign nationals in order to become a permanent resident (UN 17 Jan. 2017).

2. Requirements and Procedures to Obtain the Permanent Resident Status

According to sources, the procedure to obtain the permanent residence status in Tajikistan is regulated by the Government of the Republic of the Tajikistan (RT) Decree as of 15 May 1999 # 218 (UN 17 Jan. 2017) or Terms of Stay of Foreign Citizens in the Republic of Tajikistan dated 15 May 1999 N° 218 (Junior Lawyer 25 Jan. 2017).

According to the UNHCR representative,

Chapter IV … Part 2, para 27 [of the Decree] provides that:

“Foreign Nationals and Stateless Persons may reside permanently in the Republic of Tajikistan, provided they have received permission in a form of residence permit in the Republic of Tajikistan.” (UN 17 Jan. 2017)

The Partner stated that, in accordance with the requirements of Article 12 of the Law of the Republic of Tajikistan on Migration, "foreign citizens and apatrides may reside permanently in the Republic of Tajikistan, if they have the appropriate permission, drawn up as residence permit in the Republic of Tajikistan" (Partner 20 Jan. 2017).

According to sources, Decree n° 218 states that in order to apply for permanent residence status, the applicant must have legally resided in the Republic of Tajikistan for at least six months (Junior Lawyer 23 Jan. 2017; UN 17 Jan. 2017). However, the UNHCR representative indicated that "once the person exits the country and reapplies upon arrival, the previous 6 months would not be taken into consideration and [a] new process should be initiated" (ibid. 18 Jan. 2017). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to sources, Decree n° 218 states that applicants who temporarily reside in Tajikistan must submit their applications for permanent residence status to the migration authorities at their place of residence (Junior Lawyer 23 Jan. 2017; UN 17 Jan. 2017). According to the UNHCR representative, paragraph 27 of Decree n° 218 further notes that applicants who reside outside the country "might apply to the [d]iplomatic [r]epresentations or [c]onsulates of the Republic of Tajikistan” (ibid.). The Partner at ABG.LA indicated that, according to the requirements outlined in Article 12 of the Law of the Republic of Tajikistan on Migration, applications for permanent residence permits must be submitted to "the state authorized body on labor migration at the place of residence," or, for persons living abroad, to "the diplomatic missions or consular offices of the Republic of Tajikistan" (Partner 20 Jan. 2017). In follow-up correspondence with the Research Directorate on behalf of the Partner, a Senior Assistant at ABG.LA explained that the "authorized body" is "the branch of the Ministry of [I]nterior [A]ffairs in [the] area where [the applicants] live" (Senior Assistant 27 Jan. 2017).

In contrast, the junior lawyer stated, without providing further detail, that "it is not possible to apply for the permanent resident status from abroad" (Junior Lawyer 23 Jan. 2017). According to the UNHCR representative, although Decree n° 218 states that "'individuals residing outside the country might apply to the diplomatic representations or consulates of the Republic of Tajikistan,'" the decree does not provide any information as to whether or not these individuals have to meet the six months residence requirement (UN 18 Jan. 2017). The same source further noted that

in practice, however, there were no cases where … permanent residency has been granted by the relevant [c]onsulates or [m]igration [r]epresentations to those abroad. All those granted permanent residency applied while in Tajikistan. (ibid.)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to junior lawyer,

[d]ecisions on applications of foreign citizens to remain in Republic of Tajikistan and obtain permanent residence is received and reviewed by [the] Chief of the Migration Service of the Ministry of Internal Affairs or in case of his absence by the Deputy in prescribed manner in coordination with the State Committee of National Security of the Republic of Tajikistan. (Junior Lawyer 23 Jan. 2017)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The UNHCR representative indicated that the "consideration process" for a permanent residence status application "takes one month" (UN 17 Jan. 2017). Sources similarly indicated that the period of consideration of materials on residence permit should "not exceed one month" (Partner 20 Jan. 2017; Junior Lawyer 23 Jan. 2017). However, the junior lawyer added that "in practice it takes from 2 to 6 months" (ibid.).

2.1 Documents Required

The Partner at ABG.LA indicated that the following documents are required to apply for "immigrant visa[s]" issued by the consular department of the Ministry of Foreign Affairs and consulate offices of the Republic of Tajikistan for "those foreigners who come to Tajikistan for permanent residing till the reception of a residence permit":

• Two copies of visa application and stick photo;
• Verbal note (for issuance of diplomatic and service visa);
• Application of inviting agency (business, working, tourist and study);
• Application and notification of visa registration office of the Ministry of Internal Affairs (for issuance of private visa);
• High quality photocopies of passport and correct image;
• Passport;
• Receipt on payment of state duty and consular fee.

Note: passport and receipt are submitted after the study of the documents and positive decision of visa issuance. …

It is necessary to note that per the new Rules, except for the above stated documents, depending on a category of visa, it is necessary for the applicants to submit other documents in addition:

• For the immigrant visas - the letter-petition of the law-enforcement bodies of the Republic of Tajikistan with a place of further residing of the foreign citizen;
• The foreign citizens who are going to stay in Tajikistan for more than three months except for the visa categories; “diplomatic”, “official”, “investment” and “humanitarian” require a certificate from the medical institutions to prove that they are not infected with HIV/AIDS. (Partner 20 Jan. 2017)

Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Based on Decree n° 218, the junior lawyer at GRATA International, indicated the following regarding the materials required to file an application for permanent residence status:

The application [is] compiled in two copies on a form, which [is] set by the Ministry of Internal Affairs of the Republic of Tajikistan.

The application form [is] filled in legibly by hand or using technical means (typewriter, computer) in Tajik or Russian languages. Responses to the questions in application form should be comprehensive.

When submitting the application, a foreign citizen provide[s] [a] photograph in the size 35x45 mm and the following documents:

1. Documents proving their identity and citizenship;
2. Duly issued … temporary residence permit in the Republic of Tajikistan (visa registration);
3. Certificate of employment;
4. Reasoned statement of the relatives (friends) about their attitude to the request of the applicant and the absence of objections to the registration of its living space for permanent residence;
5. Autobiography
6. Certificate of residence on the amount of floor space and the number of persons prescribed there;
7. Copy of the marriage certificate;
8. Copies of birth certificates of children;
9. Copy of the passport of the spouse (spouse) of a citizen of the Republic of Tajikistan marked by registry office for marriage registration;
10. Certificate of examination for antibodies to the HIV / AIDS virus;
11. Information about the absence of infectious diseases;
12. Information about the absence of mental illness;
13. Certificate of absence of narcological diseases;
14. Certificate from the tax authorities that there are no debts;

The documents referred to in sub-paragraphs "G" and "H" are to be notarized.

Photographs in residence permits [must be] bonded by seal. (Junior Lawyer 23 Jan. 2017)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources indicate however, that in March 2014, the President of Tajikistan signed amendments to the legislation on entry, stay, and residence for persons with HIV which eliminate "all HIV-related restrictions on entry, stay, and residence," including mandatory HIV testing for foreigners (UN 28 Mar. 2014; US 13 Apr. 2016, 26). Information on the implementation of these amendments could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.2 Refusal

Based on Decree n°218, the junior lawyer provided the following information regarding the refusal of an application for the permanent residence status:

The decisions to refuse foreign citizen to remain in the Republic of Tajikistan for permanent residence permit shall [be] notif[ied to] the applicant within 3 days after the decision on receipt. At the request of the applicant, the reasons for the refusal [are] given in writing.

The refusal to issue a permit for permanent residence … in the Republic of Tajikistan may be appealed to a higher authority or court.

The decisions to refuse foreign citizens to remain in the Republic of Tajikistan for permanent residence permit is valid for 6 months. After this period, foreign citizen[s] have the right to seek re-application with established rules and order to the Migration Service at the place of residence.

The decisions to refuse [that] foreign citizens remain in the Republic of Tajikistan for permanent residence … may be given in [the following] cases…:

1. in the interests of national security or public order;
2. to a person who has a disease that can be the cause of [an] epidemic in the territory of the Republic of Tajikistan;
3. a person who has violated [the] legislation on the legal status of foreign citizens in the Republic of Tajikistan;
4. to a person against whom a criminal case is initiated - until the end of the proceedings;
5. if the person has been convicted of a crime in the Republic of Tajikistan, before they serve their sentence or release from punishment;
6. if the person has provided false information about himself or failed to submit the necessary documents. (Junior Lawyer 23 Jan. 2017)

The same source further stated that, in practice, "authorities tend to as[k] for more documents than prescribed in the legislation, thus creating possibility for an issue, which can lead to refusal of permanent resident status" (ibid. 3 Feb. 2017). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Concerning the reasons for granting or refusing permanent residence status, the Senior Assistant stated that Article 21 of the Law of the Republic of Tajikistan on Migration "provides the grounds for refusal to issue a residence permit"; adding that “[it] should be noted that [the] law does not give a clear definition [of the] conditions for issuing a residence permit” (Senior Assistant 13 Feb. 2017). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Junior Lawyer, GRATA International, Dushanbe. 3 February 2017. Correspondence with the Research Directorate.

Junior Lawyer, GRATA International, Dushanbe. 25 January 2017. Correspondence with the Research Directorate.

Junior Lawyer, GRATA International, Dushanbe. 24 January 2017. Correspondence with the Research Directorate.

Junior Lawyer, GRATA International, Dushanbe. 23 January 2017. Correspondence with the Research Directorate.

Partner at Asian Business Group-Legal Adviser (ABG.LA), Dushanbe. 20 January 2017. Correspondence with the Research Directorate.

Senior Assistant, Asian Business Group-Legal Adviser (ABG.LA), Dushanbe. 13 February 2017. Correspondence with the Research Directorate.

Senior Assistant, Asian Business Group-Legal Adviser (ABG.LA), Dushanbe. 27 January 2017. Correspondence with the Research Directorate.

United Nations (UN). 18 January 2017. UNHCR, Office in Tajikistan. Correspondence from a representative to the Research Directorate.

United Nations (UN). 17 January 2017. UNHCR, Office in Tajikistan. Correspondence from a representative to the Research Directorate.

United Nations (UN). 28 March 2014. "Tajikistan Lifts Travel Restrictions for People Living with HIV." [Accessed 6 Febr. 2017]

United States (US). 13 April 2016. Department of State. "Tajikistan." Country Reports on Human Rights Practices for 2015. [Accessed 3 Febr. 2016]

Additional Sources Consulted

Oral sources: IOM; Tajikistan – Embassy to the United States of America, Migration Service, Ministry of Foreign Affairs, Ministry of Internal Affairs; Two law firms in Dushanbe that specialize in employment matters.

Internet sites, including: Amnesty International; Asia-Plus; ecoi.net; Factiva; Fédération internationale des ligues des droits de l'homme; Freedom House; Human Rights Watch; Khovar; Radio Free Europe/Radio Liberty; UN – Human Rights Council, Refworld; US – Department of State.

Attachment

Tajikistan. 1999. Law of the Republic of Tajikistan on Migration. [Accessed 2 Febr. 2017]