From Alba Legal your trusted law firm in Albania
The Unique Permit (RUP) combines work authorization and temporary residency for foreign nationals employed in Albania, streamlining the process for employers and employees.
1. Legal Basis
– Primary Legislation:
– Law No. 79/2021 “On Foreigners” (amended) – Governs entry, stay, and employment of foreigners.
– Council of Ministers Decision (VKM) No. 561/2023 – Specifies RUP procedures and documentation.
– Labor Code of Albania – Regulates employment contracts for foreign workers.
2. Applicability
The RUP is mandatory for:
– Employed foreigners (under Albanian labor contracts).
– Self-employed foreigners (with proof of business registration).
– Family members (spouse/children under 18) via reunification.
3. Step-by-Step Procedure
A. Employer’s Obligations
1. Labor Market Test (if applicable): – Employer must prove the position cannot be filled locally (advertised for 30 days). – Exemptions: Highly skilled workers, EU nationals, investors.
2. Submit Application to RDBM (Regional Directorate of Border and Migration):
– Online via [e-Albania].
– Required documents:
– Signed employment contract (Albanian language).
– Employer’s tax compliance certificate.
– Proof of salary meeting Albania’s minimum wage (currently ALL 40,000/month).
B. Employee’s Documents
– Passport (valid +3 months beyond permit duration).
– Criminal record (from home country, apostilled/legalized).
– Health insurance (covering Albania; minimum €30,000).
– Proof of accommodation (rental contract or property deed).
C. Processing Timeline
– 30 days for standard applications.
– Expedited processing (15 days) for investors or high-priority sectors (IT, energy).
4. Permit Validity & Renewal
– Initial validity: 1 year (extendable to 2 years for long-term contracts).
– Renewal: Apply 30 days before expiration; updated employment proof required.
5. Key Legal Considerations
– Employer Liability: Non-compliance may result in fines (up to ALL 1,000,000 under Law No. 79/2021, Art. 112).
– Appeals: Rejected applications can be appealed within 15 days to the Immigration Appeals Commission.
6. Family Reunification
– Dependents must apply separately with:
– Marriage/birth certificates (apostilled).
– Proof of financial support (minimum €200/month per family member).
7. Residence Unique Permit (RUP) Application Checklist. For Foreign Employees & Employers in Albania.
Employer’s Documents
1. Completed Application Form (signed/stamped, submitted via [e-Albania
2. Valid Employment Contract (in Albanian, compliant with the Albanian Labor Code).
3. Proof of Labor Market Test (if required; job advertised for 30 days).
4. Company Registration Documents:
– NIPT (Tax ID) certificate.
– Business license (if applicable).
5. Tax Compliance Certificate (from the Albanian Tax Authority).
6. Job Position Justification (for highly skilled roles, include qualifications/experience requirements).
Employee’s Documents
1. Valid Passport (minimum 3 months validity beyond permit duration).
2. Criminal Record Certificate (from home country or Albania, apostilled/legalized).
3. Proof of Health Insurance (covering Albania; minimum €30,000 coverage).
4. Proof of Accommodation: Rental contract (registered at the Municipal Office) or Property deed (if owning).
5. Professional Qualifications: Diplomas/certificates (translated into Albanian if foreign) – Work experience letters.
6. 4x Passport-Sized Photos (recent, white background).
Additional Requirements for Family Reunification
1. Marriage Certificate (apostilled/legalized for spouse).
2. Birth Certificates (for children under 18).
3. Proof of Financial Support (minimum €200/month per dependent).
Fees & Submission
1. Application Fee Receipt (paid via e-Albania or bank transfer; fees vary by permit type).
2. Biometric Data Appointment: – Schedule in-person visit at the Regional Directorate of Border and Migration (RDBM).
Critical Notes for Clients
– Translations: a certified translator must translate all foreign documents into Albanian.
– Legalization: Non-EU documents require apostille or legalization by the Albanian MFA.
– Timeline: Apply for renewal 30 days before expiry.
– Penalties: Working without a valid RUP may result in deportation or fines (up to ALL 1,000,000).
Next Steps
1. Review Documents: Ensure all are complete/legalized.
2. Submit Online: Via e-Albania (employer initiates).
3. Attend Biometrics Appointment (employee only).
Practical Recommendations for Attorneys
1. Document Legalization: Ensure the Albanian Ministry of Foreign Affairs apostilled or legalized foreign documents.
2. Local Compliance: Verify employment contracts align with Albanian labor law
3. E-Albania Portal: Use the online system e-Albania to track applications and avoid delays.
Contact Alba Legal at [email protected] for document review or legal representation.
