Saturday, October 15, 2011

Immigration in Republic of Moldova – temporary and permanent resident permits (general overview)


Moldovan legislation in the migration field stipulates for foreigners the right of temporary and permanent residence.
The right of temporary residence may be granted for:
a) Immigration to work;
This category includes foreign investors, founders and managers of companies with foreign capital. About the procedure of company formation in Moldova you can read HERE.
b) to study;
c) for family reunification;
d) for humanitarian or religious activities;
e) long-term medical treatment, and recovery treatment;
f) for other purposes, when foreigner's activity does not contravene the laws of the Republic of Moldova or if his staying in the Republic of Moldova is necessary in its public interest or national security.
For grant of temporary residence, the foreigner shall submit Migration and Asylum Bureau of the Ministry of Interior an application at least 30 days before the expiration of term of staying established by the law of Republic of Moldova for citizens of foreigner's state of origin. If the applicant is a citizen of a country with which Moldova has established visa regime, the applicant must have a long stay visa.
Within 30 calendar days date of submission, Migration and Asylum Bureau shall issue a decision of granting or denial of temporary residence.
Depending on the reason for the request, the right of temporary residence may be granted for a period of up to 5 years, and in cases provided by law, and for another period.
Usually, foreigners are granted the right of residence for one year with subsequent annual renewals.
The right of residence can be extended on basis of an application submitted to Migration and Asylum Bureau at least 30 days before the expiration of previously approved term of residence.
The right of permanent residence
Right of permanent residence in Moldova may be granted to an foreigner - the holder of the right to temporary residence if he meets the following conditions:
a) has the legal and continuous temporary residence in Moldova for at least three years - for foreigners married to a citizen of the Republic of Moldova;
b) has the legal and continuous temporary residence in Moldova for at least five years - for foreigners from other categories;
c) proof that they have sufficient means of maintenance, except for foreigners married to citizens of the Republic of Moldova;
d) possesses living premises;
e) speaks satisfactory the official state language;
f) continues to satisfy the conditions for entry into the territory of the Republic of Moldova;
g) during the foreigner's stay in Moldova has not intervened any reasons for interdicting the entry on the territory of Moldova;
h) did not had any criminal records over the past 3 years.
For foreigners married to citizens of the Republic of Moldova, duration of the marriage must obligatorily be at least 3 years.
For foreigners whose residence is in the interest of the Republic of Moldova, the right of permanent residence may be granted without the fulfillment the conditions mentioned above.

Tuesday, October 11, 2011

Statistics on the development of Moldova’s merchant fleet.

Republic of Moldova officially became a full member of the International Maritime Organization (IMO), on December 12, 2001. Currently, the organization’s has 163 member states and two countries have associate member status. The above mentioned, suggests that Moldova should have, if not military then, at least, the merchant fleet. For some uninitiated people the term “Moldovan fleet” may sound funny. But, contrary to this, the situation is a little different. According to annual reports of the United Nations Conference on Trade and Development – Review of Maritime Transport, which, according to some sources, contains data from «Lloyd’s Register», which includes vessels of over 100 tones, Republic of Moldova occupies a leading positions in the region on compartment of dynamic growth of the volume of cargo which sail under the flag of our country.
Considering the fact that until 2007, in Review of Maritime Transport had not been reflected data relating to the Republic of Moldova, it is possible to make an analyze only from 2007 till 2010, that is, till the last publication of the Review.
So, if in 2007, the total gross tonnage of merchant vessels, that sail under the flag of Moldova amounted to only 16 thousand tons, in 2010 amounted to 351 000 tons.

Moldova’s merchant fleet development 2007 – 2010 (in thousands of tons)

Total fleetOil tankersBulk CarriersGeneral cargoContainer shipsOther types
200716001600
2008491443101
2009179103812244
20103511976240412

But, carrying out a comparative analysis of similar indicators in neighboring countries, we will be convinced that at the moment, the term “Moldovan fleet” is not a joke.
As we see from the below represented table, from the nearest neighbors, Moldova leads in dynamic growth of cargo sailing under its flag, even overtaking neighboring Rominia on the total amount of cargo.

YearMoldovaUkraineRominiaRussia
2007161 1362728 046
2008491 1452707 529
20091791 0872627 527
20103519052467 650

At the moment, Moldova has under its flag more than 400 maritime vessels.

MV Goodway under the flag of Moldova.




Non residents of Republic of Moldova and real estate

Today, one of the most interesting objects for investment in Moldova is real estate. This fact it is grasped by both the Moldovan and foreign investors.
The right of ownership in the Republic of Moldova is regulated by the Law "On property". According to this law, the subject of property rights can be any individual, legal entity, state, and local authorities.
In concordance with part 2 of art. 4 of the Land Code of the Republic of Moldova, the owners of land on the right of private property may be citizens of the Republic of Moldova and foreign investors in accordance with the law.
In its turn, the Law on Normative price and order of purchase and sale of land in Article 4 specifies that the land in public ownership can be sold to individuals and legal entities of the Republic of Moldova and foreign investors, with the exception of agricultural lands and lands of forest fund that can be sold only to individuals and legal entities of the Republic of Moldova.
At the same time Article 9 states that right to purchase land from the state and sell land designated for construction in municipalities, towns and villages (communes) have it individuals and legal entities from Moldova and foreign investors, except the lands from water fund, engineering networks and land of public use.
In the Republic of Moldova has established the legal framework in the regulation of investment activity, which gradually improved in order to promote and protect investments through the establishment of stable and equitable conditions of legal, social and economic nature, to provide equal guarantees to foreign and national investors, as well as preventing and eliminating barriers to investment.
Since 2004, in Republic of Moldova operates the Law "On investments in entrepreneurial activity", which provides for a foreign investor in the Republic of Moldova equitable conditions of activity and provides state guarantees of investment protection. In particular, foreign investment in the Republic of Moldova cannot be expropriated or subjected to other similar measures, that directly or indirectly deprives the investor's property rights or rights of control over investment. Foreign investors are entitled to damages, including lost profit and moral damage suffered as a result of a violation of his rights, including damages suffered as a result of issuance by a public authority of act that violates the rights and interests of the investor, or other illegal actions of public authorities. The state also guarantees the free transfer abroad of profits and other funds in foreign currency obtained legally as a result of foreign investment.
Important legal documents that govern the relationship between the subjects of investment activities are international agreements "On cooperation and mutual protection of investments." Such agreements are the guarantors of giving the equitable status of investments and their protection in the territory of another state. Republic of Moldova signed such agreements with several countries, including Latvia, Lithuania, Belarus, Czech Republic and Bulgaria.
In such a way, a foreign citizen and stateless persons may purchase in private possession any real estate property with the exception of agricultural lands, lands of forest fund, water fund, engineering networks and land of public use.
In order to purchase property in the Republic of Moldova, foreign citizens need a passport and proof of legal staying in the country, such as residence permit, valid visa, or confirmation of crossing the border for citizens of countries who are in visa free regime with Republic of Moldova. Any additional documents are not required.
Foreign nationals and stateless persons have the equally rights and obligations with the citizens Republic of Moldova regarding to belonging them property in the Republic of Moldova.
By the level of profitability, Moldovan real estate market occupies one of the first places in Europe and its attractiveness for foreign investors is quite high. However, the massive parish in the Republic of Moldova of foreign real estate developers and construction companies is possible only after the establishment in this country of civilized and transparent rules of business conducting. First of all, it concerns about the order of land allocation for construction and procedure of project's documentation registration. However, the number of foreign companies already have experience in the Moldovan market of real estate, mainly in field of building offices, shopping and logistics centers, because profitability of such facilities are high enough and the payback period is considerably lower than in Central and Eastern Europe.