In
exceptional circumstances, the relevant UNMIK authorities
may request Macedonian or Albanian nationals to produce
such documentation, in addition to the travel document
establishing his or her citizenship, as may be required
to verify the bona fide travel purpose.
Q.
For what period of time will a person be authorised
to remain in Kosovo after entry?
A.
An authorization to enter and remain temporarily in Kosovo
will be granted for up to 90 days each time.
Q.
What will be the procedure for seeking extension of stay
in Kosovo beyond the period of initial authorisation?
Where should one go for obtaining extension?
A.
Applications for extension of stay beyond the authorized
period of 90 days from the date of entry can be made to
the Police Main Headquarters in Pristina. The application
should be submitted at least 15 days before expiry of
the authorization period. The Police will fill in the
form. The applicant will have to provide the same information
as required at the time of the first application for entry.
The
application will be reviewed by an officer at the time
of submission, who will take the applicant’s fingerprints
and photographs. In reviewing an application, the officer
may request such additional information as may be required
to determine, to the officer’s satisfaction, whether
the applicant should be authorized to remain in Kosovo
pursuant to the Regulation.
Upon
completing the review of an application, the officer may
immediately extend the person’s authorization to
remain in Kosovo for a period of 90 days, by placing an
entry stamp in the person’s travel document or on
the person’s documentary proof of authorization
to remain in Kosovo, or deny the person’s application.
If
an application is denied, the officer shall provide a
written decision to the person, which shall include: (a)
the reasons why the extension was denied; (b) a statement
that the person will be required to leave Kosovo prior
to or on the date of expiry of the person’s current
authorization to remain in Kosovo; and (c) a statement
of the person’s right to apply for a review of the
decision within seven days.
Q. What about persons requiring authorisation,
who are already in Kosovo before the entry into force
of this Regulation, i.e. those who entered Kosovo before
1 July 2005 and are still here?
A.
From 1 July, when the Regulation enters into force, there
will be a 90 day transitional period during which all
persons who are already in Kosovo, but who fall under
categories requiring authorisation for entry or stay in
Kosovo under this Regulation, will be required to apply
and obtain authorisation for remaining in Kosovo. Failure
to do so will constitute a minor offence.
Q.
Will travel documents be stamped during entry/exit?
A.
For a Macedonian or Albanian national who is authorised
to enter and remain in Kosovo, there will be no stamp
placed inside the travel document. For all other persons,
the travel documents or alternatively, the documentary
proof of authorisation will be stamped both during entry
and exit.
Q.
What will be the procedure for allowing entry
to Macedonian and Albanian nationals?
A.
For persons holding Macedonian or Albanian travel documents,
there will be no change in the procedure for entry from
that being followed in the past. On presentation of their
travel documents, they will be deemed to have satisfied
the requirements for authorisation to enter. Their travel
documents will not be stamped. And of course no fee will
be charged. The Border Police officer may in some cases
enquire about the purpose of their entry. This is the
procedure being followed until now and the same will continue.
Q.
What if they want to stay in Kosovo for more than
90 days?
A.
Persons holding Macedonian or Albanian travel documents
who want to stay in Kosovo for more than 90 days continuously
will be required to seek oral authorisation for extension
of stay from the designated officer of Police Main Headquarters
in Pristina. For this purpose, they will be required to
explain to the authorising official the reason for their
continued stay in Kosovo. This is essential to regulate
prolonged stay of foreigners in Kosovo.
Q.
How will police know which of these persons are staying
in Kosovo for what period of time?
A.
Although persons holding Macedonian or Albanian travel
documents are not required to obtain written authorisation
and will not have their passports stamped on entry/exit,
all entries/exits are recorded in the PISCES computerised
database of UNMIK Border Police. The police will therefore,
know which persons entered and stayed in Kosovo for what
period of time.
Q.
What about persons who frequently enter and exit
Kosovo?
A.
A multi-entry system has been established whereby persons
who are frequently entering and exiting Kosovo can be
issued an identification card which is valid for up to
a year and allows for the identification document/card
to be stamped instead of the travel document. The multi-entry
system can apply to international persons who are treated
as visitors under the Regulation, students, truck drivers
or other persons who have to travel frequently across
the border.
Q.
What will be the procedure for Kosovans currently
residing abroad, but who now want to visit/return to Kosovo?
A.
Any person returning to Kosovo who has been residing abroad
and who does not carry a travel document from a foreign
jurisdiction will be granted entry to Kosovo on the basis
of his/her supporting documentation establishing that
that person is eligible to register as a habitual resident
of Kosovo (e.g. birth certificate). This entry permit
will be for a temporary period sufficient to enable such
a person to register with the Central Processing Centre
(CPC) and obtain an identity card.
However,
if such persons are already holding a foreign travel document
(e.g. a German passport), then they will be treated as
foreigners as is the practice in any country for citizens
who acquire foreign citizenship/passports.
Q.
The Regulation allows free entry of persons holding
Serbia and Montenegro travel documents. Should they not
be screened and why are they exempted from acquiring authorisation?
A.
The requirement of authorisation would be in violation
of UN Security Council Resolution 1244. However, it is
not correct to say that there will be no screening of
such persons at the time of entry. The Regulation provides
that a national of Serbia and Montenegro who is not a
habitual resident of Kosovo (nor the spouse or dependent
child of a habitual resident) may be denied entry to Kosovo
if UNMIK Border Police has reasonable grounds to believe
that such person falls into any of the various categories
set forth in section 5.2 of the Regulation, including
that the person will engage or has engaged in terrorist
acts or is or has been a member of an organized criminal
or terrorist organisation, a person suspected of an intention
to commit violent acts and any person suspected of entering
Kosovo to undermine the aims and purposes of UNMIK’s
mandate.
Q. What is the safeguard for persons wrongfully
denied entry into Kosovo?
A.
Safeguards are laid down requiring officials to provide
reasons in writing to a person denied entry or refugee
status, with the concerned individual then having the
right to seek judicial review of the decision. In the
order denying entry, the individual will be informed of
his/her right to apply in writing to the relevant District
Court for a review of the decision within 7 days from
the date of receipt of the denial. The review will be
on any ground that involves a question of law or fact,
or on compassionate or humanitarian grounds which support
a modification of the decision.
Q.
What will happen to persons violating the provisions
of this regulation?
A.
Violation of specific provisions of this Regulation could
constitute a minor offence punishable by fine of up to
€1000, imprisonment not exceeding 30 days and/or
an order requiring the person to leave Kosovo for a period
of 6 months to 3 years.
Q.
What about persons forcibly returned to Kosovo?
A.
Procedures in respect of persons who are forcibly returned
to Kosovo lie outside the scope of this Regulation. Procedures
in this respect are followed in accordance with the existing
policy of UNMIK/ORC and UNHCR as reviewed from time to
time.
For
any further enquiries on this matter please email your
queries to: movementofpersons@hotmail.com
