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BACKGROUND INFORMATION ON THE ENTRY, STAY AND INTERNATIONAL PROTECTION OF ALIENS IN BOSNIA AND HERZEGOVINA

3/25/2014

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I GENERAL REMARKS

LEGAL FRAMEWORK

Terms and conditions for entry into Bosnia and Herzegovina, possession of a valid travel document, crossing the state borders, issuing visas, residence in Bosnia and Herzegovina, and international protection are regulated by:

·        Law on Movement and Stay of Aliens and Asylum (“Bosnia and Herzegovina Official Gazette”, no. 36/08 and 87/12)

·        Decision on Visas (“Bosnia and Herzegovina Official Gazette”, No. 54/12)

·        Rulebook on Visa Issuance for Long-term Stay (Visa D) and the procedure of issuing such visas (“Bosnia and Herzegovina Official Gazette”, No. 104/08)

·        Rulebook on issuance of short-term visas (Visa C) and airport transit visas (Visa A) in the diplomatic and consular missions of Bosnia and Herzegovina (“Bosnia and Herzegovina Official Gazette”, No. 69/13)

·        Guidelines for the procedures of diplomatic and consular missions of Bosnia and Herzegovina upon a visa application to enter the territory of Bosnia and Herzegovina  for the citizens of Kosovo

·        Rulebook on Entry and Stay of Aliens (“Bosnia and Herzegovina Official Gazette”, No. 27/13)

·        Law on the Border Control (“Bosnia and Herzegovina Official Gazette”, no. 53/09 and 54/10)

COMPETENT AUTHORITIES

Ministry of Security is in charge of the implementation of immigration and asylum in Bosnia and Herzegovina, and is responsible for the regulation of procedures and methods of organizing services dealing with the issues of the movement and stay of aliens. The headquarters of the Ministry of Security is seated in the town of Sarajevo at the address Trg Bosnia and Herzegovina 1.

Asylum Sector performs administrative and other professional tasks related to the execution and implementation of policy and asylum procedure in Bosnia and Herzegovina. Immigration Sector is responsible for delivering second instance decisions on appeals of aliens on the decisions issued the Service for Foreigners’ Affairs and the Border Police.

(Please find additional information on the website of the Ministry of Security www.msb.gov.ba).

Border Police of Bosnia and Herzegovina is one of the administrative organizations within the Ministry of Security, with its operational autonomy, established to perform police tasks related to monitoring and control of Bosnia and Herzegovina border crossing points and other duties as prescribed by law.

(Please find additional information on the website of the Border Police www.granpol.gov.ba )

Service for Foreigners' Affairs, as one of the administrative organizations within the Ministry of Security, with its operational autonomy, is tasked with performing administrative tasks related to the movement and stay of aliens in Bosnia and Herzegovina in accordance with the Rulebook of the Law on Movement and Stay of Aliens and Asylum. Organizational units of the Service for Foreigners' Affairs are the following field offices: Sarajevo, East Sarajevo, Banja Luka, Mostar, Zenica, Travnik, Bijeljina, Trebinje, Gorazde, Tuzla, Livno, Ljubuski, Orasje, Bihac, Brcko, and Doboj.

(Please find additional information on the website of the Service for Foreigners' Affairs www.sps.gov.ba).

II ENTRY OF ALIENS TO BOSNIA AND HERZEGOVINA

CROSSING THE STATE BORDERLINE

An alien can cross the state border of Bosnia and Herzegovina with a valid travel document only at border crossing points open to the international traffic and during the working hours of the particular border crossing point. An alien who is a citizen of a neighboring country may cross the state border of Bosnia and Herzegovina also at border crossing points designated for traffic between Bosnia and Herzegovina and neighboring countries, unless the agreement between Bosnia and Herzegovina and the neighboring country has otherwise specified. (Article 15 of the Law on Movement and Stay of Aliens and Asylum).

(Please find additional information on the website of the Border Police www.granpol.gov.ba).

CONDITIONS FOR ENTRY OF ALIENS INTO BOSNIA AND HERZEGOVINA

An alien is any person who is not a citizen of Bosnia and Herzegovina but is a citizen of another country according to its Rulebook, as well as a stateless person.

In addition to a valid passport or other identification document an alien may enter Bosnia and Herzegovina if he/she meets the requirements of Article 19 of the Law on Movement and Stay of Aliens and Asylum.

TRAVEL DOCUMENTS

A travel document required for an alien to enter Bosnia and Herzegovina is a valid passport or other travel identification document issued by a competent foreign authority recognized by Bosnia and Herzegovina and a valid ID card or other identification document with a photograph that can be used for crossing the border, and which is recognized by an international treaty to which Bosnia and Herzegovina is a party, as well as a travel document issued to an alien in Bosnia and Herzegovina in accordance with the Law on Movement and stay of Aliens and Asylum. (Article 5 of the Law on Movement and Stay of Aliens and Asylum).

An alien may enter Bosnia and Herzegovina with a valid travel document with the entered visa or residence permit, unless the Law on Movement and Stay of Aliens and Asylum or the international agreement provides otherwise. Foreign nationals from Article 2 of the Decisions on visas and Article 4 of the Decisions on visas are exempt from the visa requirement for entry into Bosnia and Herzegovina.

Citizens of the following countries may enter to Bosnia and Herzegovina up to 90 days over a period of six months starting from the date of first entry, unless they hold the passport or a valid identification card proving identity and citizenship of:

1)     Member States of the European Union,

2)     States Parties to the Schengen Agreement and

3)     Andorra, Montenegro, Croatia, Liechtenstein, Monaco, San Marino, Serbia, the Holy See (Vatican) and Switzerland. (Article 16 of the Decisions on visas).

ENTRY OF MINORS

An alien younger than 14 years of age who has a personal travel document may cross the border of Bosnia and Herzegovina, accompanied by one or both parents, legal guardian or custodian, or accompanied by a person authorized to accompany him/her along with signed and notarized letter of consent by a parent, legal guardian or custodian. Minors traveling unaccompanied must have a notarized letter of consent by a parent, legal guardian or custodian.

Letter of consent or power of attorney contains data from Article 25 Paragraph 2 of the Rulebook on Entry and Stay of Aliens, and it is considered that the minor alien possesses the consent or power of attorney of the legal representative if any of the requirements from Article 25 Paragraph 3 of the Rulebook on Entry and Stay of Aliens are fulfilled.

MEANS OF SUBSISTENCE

Possession of means of subsistence is proved in the manner prescribed in Article 23 of Law on Movement and Stay of Aliens and Asylum.

 

The minimum amount required for subsistence of an alien during an intended stay in Bosnia and Herzegovina and the means for exit from the country, including the assets needed for health care of the alien, is possession of 150,00 BAM or equivalent in a foreign convertible currency, for each day of intended stay in Bosnia and Herzegovina for the year 2013. (Article 1 and 2 of the Decision on the minimum amount of means of subsistence needed to support an alien during the intended stay in Bosnia and Herzegovina).

FINANCIAL MEANS

An alien is obliged, upon a request by a police officer of the Bosnia and Herzegovina Border Police on the border crossing point, to present evidence of possession of financial means in the amount of 150,00 BAM for each day of intended stay in Bosnia and Herzegovina. Financial means may be in cash or non-cash payments, recognized by the Bosnia and Herzegovina banking system, which evidently may prove the subsistence of the alien in Bosnia and Herzegovina. (Article 17 of the Rulebook on Entry and Stay of Aliens.)

LETTER OF INVITATION

Possession of the means of subsistence for an alien entering Bosnia and Herzegovina with a visa or for a national of a visa-free regime, as well as the reason for entry and stay of aliens in Bosnia and Herzegovina can be proved by a letter of invitation. A letter of invitation is a letter by which an alien is invited to come to Bosnia and Herzegovina for a specific purpose within a specific period of time. The letter of invitation for entry into Bosnia and Herzegovina may be issued by a national of Bosnia and Herzegovina or by an alien with approved long-term residence permit in Bosnia and Herzegovina, or by a domestic or foreign legal entity registered in Bosnia and Herzegovina.

Invitation letter for the purpose of family reunification or visits may be issued to an alien who has stayed on the basis of temporary residence in Bosnia and Herzegovina longer than 18 months, and an alien with a temporary residence permit up to one year can issue an invitation letter solely for the purpose of the visit.

(Article 34 of the Law on Movement and Stay of Aliens and Asylum and Article 18, 19 and 21 of the Rulebook on Entry and Stay of Aliens, Request for verification of invitation letter - Form no. 7, Request for verification of a group invitation letter - Form no. 8 and Invitation letter - Form no. 9 and Form no. 10)

Verification of an invitation letter shall be paid by an administrative fee in the amount of 10,00 BAM. (Article 1 of the Decision on Amending the Tariff of Administrative Fees).

The documentation submitted with the application form for verification of the invitation letter shall be delivered in the original form or a certified copy, and documents in a foreign language shall be submitted with a translation into one of the official languages in Bosnia and Herzegovina. (Article 2 of the Rulebook on Entry and Stay of Aliens).

VISAS

A visa is permission to transit through the international transit area of the airport or the territory of Bosnia and Herzegovina or approval for an intended stay in the territory of Bosnia and Herzegovina within the period specified in the visa. Visa is issued by Diplomatic and Consular Representation of Bosnia and Herzegovina. The alien must obtain a visa prior to arrival at the border crossing point of Bosnia and Herzegovina.

(More details on the conditions of the visa issuance and the reasons for not issuing the visa and the reasons for the exceptional visa issuance for humanitarian reasons - Article 33 and 39 of the Law on Movement and Stay of Aliens and Asylum).

A visa can only be issued to an alien who is a holder of a valid passport whose validity exceeds the validity of the visa for at least three months. A visa application shall be submitted on a form, which must be filled in accurately and completely. (Request for Visa Issuance - Form No. 1).

The airport transit visa (Visa A) enables the alien to pass through an international transit area of an airport without an actual entry into the country, during the discontinuation or continuation of an international flight. It may be issued to an alien for one, two or more transits through the international area of the airport during the transit and shall be issued with a term period of up to three months. (Article 29 of the Law on Movement and Stay of Aliens and Asylum and Article 4 of the Rulebook on Entry and Stay of Aliens).

 

A short term stay visa (Visa C) enables an alien to have a single or multiple stays in the country, provided that no continuous stay, or the total duration of several consecutive stays in Bosnia and Herzegovina, may last for more than 90 days within a six month period, commencing from the date of first entry. A short term stay visa shall be issued for a single or multiple entries into Bosnia and Herzegovina. A short-term stay visa shall be issued for a validity period not exceeding one year. Exceptionally, a short-term stay visa may also be issued for a validity period of longer than one year if this is in the interest of Bosnia and Herzegovina, which is decided by the MoFA Bosnia and Herzegovina upon the consent obtained from the Ministry. A short-term stay visa shall be issued for business, education, training and similar purposes, for tourist or other travel for the private purposes, travels to political, scientific, cultural, sports, religious or other events, as well as the travels for other reasons requiring only a short-term stay. (Article 31 of the Law on Movement and Stay of Aliens and Asylum).

A short-term visa (Visa C) may be renewed due to force majeure, for humanitarian, serious professional or personal reasons, but in accordance with the rules applicable to visa issuing. Request for extension of visa C shall be submitted on a form that must be filled in accurately and completely. (Article 38 of the Law on Movement and Stay of Aliens and Asylum and Article 13 of the Rulebook on Entry and Stay of Aliens, Application form for visa extension - Form No. 5. )

A long–term stay visa (Visa D) shall enable an alien to enter and stay in Bosnia and Herzegovina within the period of up to six months within one year, commencing from the date of the first entry. A long-term visa shall be issued for a single or multiple entries into Bosnia and Herzegovina. A long–term stay visa shall be issued exceptionally in such situations where for the purposes of stay in Bosnia and Herzegovina a period of more than 90 days is required within the period of six (6) months. A long–term stay visa shall be issued for a validity period not exceeding one year. Exceptionally, a long–term stay visa may be issued for a period of longer than one year if this is in the interest of Bosnia and Herzegovina, which shall be decided by the MoFA Bosnia and Herzegovina upon the approval of the Service (Article 32 of the Law on Movement and Stay of Aliens and Asylum).

For more information about visa D please refer to the Rulebook on issuing visas for long-term stay (visa D) and the procedure of issuing such visas.

For more information on the issuing of visas, required documentation, as well as diplomatic and consular missions of Bosnia and Herzegovina in which you can apply for a visa please visit the website of the Ministry of Foreign Affairs www.mfa.gov.ba.

VISA ISSUANCE AT THE BORDER

In exceptional cases, an alien may be issued a visa at the border post and an airport transit visas (Visa A) for the transit in the period of one day or a short-term visa (Visa C) for a single entry up to 15 days. (Article 36 of the Law on Movement and Stay of Aliens and Asylum and Article 5 of the Rulebook on Entry and Stay of Aliens).

 

For more information on reducing the validity of the visa, visa cancellation on the border post and in the country please refer to – (Article 40, 41, and 42 of Law on Movement and Stay of Aliens and Asylum and Article 9, 10, and 11 of the Rulebook on Entry and Stay of Aliens).

To obtain a visa at the border crossing point an alien shall pay an administrative fee in the amount of 100,00 BAM (Article 1 of the Decision on Amending the Tariff of Administrative Fees )

International border crossings points which may issue a visa at the border post are as follows: Airport Sarajevo, Airport Banja Luka, Airport Tuzla and Airport Mostar, and land border crossing points: Izacic, Bosanska Gradiska, Bosanski Brod, Orasje, Pavlovic most, Karakaj, Hum, Klobuk, Gorica and Doljani. Opening hours of the border crossing: 0-24 hours.

More information can be found on the website of the Border Police www.granpol.gov.ba. 

REASONS FOR ENTRY REFUSAL

An alien may be refused an entry to Bosnia and Herzegovina even when he/she meets the entry requirements provided for in Article 19 on the grounds of the reasons listed in Article 25 of the Law on Movement and Stay of Aliens and Asylum.

 

III STAY OF ALIENS IN BOSNIA AND HERZEGOVINA

TYPES OF RESIDENCE

Visa residence is the right of an alien to stay in Bosnia and Herzegovina in the period stated in the visa.

Visa-free stay is a right to stay in Bosnia and Herzegovina of an alien who comes from a country with a visa-free regime. Aliens who are exempt from visa for entry into the territory of Bosnia and Herzegovina, have the right to enter and stay in the country for a total of up to 90 days over a period of six months from the date of first entry, unless otherwise provided by an international treaty to which Bosnia and Herzegovina is a party or by decision of the Council of Ministers. (Article 21 of the Law on Movement and Stay of Aliens and Asylum).

Decision on Visas determines the list of countries whose citizens do not need visas to enter and stay in Bosnia and Herzegovina (Article 2 of the Decision on Visas).

Temporary residence permit may be issued for a period of up to one year, unless otherwise determined by the residence permit.

Permanent residence is a right of residence in Bosnia and Herzegovina for an indefinite period of time.

OBLIGATION TO REGISTER TEMPORARY AND PERMANENT RESIDENCE OF AN ALIEN

Upon arrival to Bosnia and Herzegovina aliens are required to register their residence and inform the Service for Foreigners' Affairs - Field Offices or the competent organizational unit of the Ministry of the Interior in accordance to Article 74 and 75 of Law on Movement and Stay of Aliens and Asylum and Article 100 and 101 of the Rulebook on Entry and Stay of Aliens,  so they could after fulfillment of legal obligations gain certain rights, and accordingly avoid the statutory sanctions for non-compliance with the legislation in force in the territory of Bosnia and Herzegovina.

APPROVAL OF TEMPORARY RESIDENCE

A temporary residence permit may be issued for reasons specified in Article 52 of the Law on Movement and Stay of Aliens and Asylum.

An application for the first temporary residence permit and the request for extension of the residence permit shall be submitted to the Service. The request to the Service coming from abroad shall be filed through a Bosnia and Herzegovina DCR, and the request within Bosnia and Herzegovina shall be submitted directly with the competent organizational unit of the Service. 

As a rule, the application for the first temporary residence permit must be submitted outside Bosnia and Herzegovina through DCR, by applicant in person. 

In the territory of Bosnia and Herzegovina, an alien may file the application for the first temporary residence permit only as outlined below: 

-        In case he/she entered Bosnia and Herzegovina with a long- term visa (type D visa), or 

-        In case he/she is a citizen of a country with no visa regime. 

(Article 60 of the Law on Movement and Stay of Aliens and Asylum and Article 31 of the Rulebook on Entry and Stay of Aliens, Application for authorization / renewal of a temporary residence - Form No. 12).

Terms and conditions for granting temporary residence permits are regulated by Article 53 Paragraph 1 of the Law on Movement and Stay of Aliens and Asylum.

With the application - extension of a temporary residence permit is required to submit evidence justifying the stay on the required basis. (Article 53, paragraph 2 of the Law on Movement and Stay of Aliens and Asylum and Article 58 of the Rulebook on Entry and Stay of Aliens)

GROUNDS FOR GRANTING TEMPORARY RESIDENCE

-        Marriage to a citizen of Bosnia and Herzegovina (Article 59 of the Rulebook on Entry and Stay of Aliens)

-        Extramarital community with a citizen Bosnia and Herzegovina (Article 60 of the Rulebook on Entry and Stay of Aliens)

-        Family reunification (Article 61 of the Rulebook on Entry and Stay of Aliens)

-        Education (Article 63 of the Rulebook on Entry and Stay of Aliens)

-        Employment as specified in an issued work permit (Article 64 of the Rulebook on Entry and Stay of Aliens)

-        Work without a work permit (Article 65 of the Rulebook on Entry and Stay of Aliens)

-        Treatment or rehabilitation (Article 87 of the Rulebook on Entry and Stay of Aliens)

-        Stay in a nursing home (Article 88 of the Rulebook on Entry and Stay of Aliens)

-        Stay for humanitarian reasons (Article 89 of the Rulebook on Entry and Stay of Aliens)

-        Stay based on an international treaty to which Bosnia and Herzegovina is a party (Article 90 of the Rulebook on Entry and Stay of Aliens)

-        Stay out of other legitimate reasons (Article 91 of the Rulebook on Entry and Stay of Aliens)

-        Ownership of real estate in Bosnia and Herzegovina (Article 92 of the Rulebook on Entry and Stay of Aliens).

EMPLOYMENT WITHOUT A WORK PERMIT

Article 84 of the Law on Movement and Stay of Aliens and Asylum defines the categories of aliens who may apply for approval or extension of a temporary residence permit on the basis of work without a work permit:

-        Important persons (Article 66 of the Rulebook on Entry and Stay of Aliens)

-        Founders of a company or enterprise with a seat in Bosnia and Herzegovina (Article 67 of the Rulebook on Entry and Stay of Aliens)

-        University professors and scientists (Article 68 of the Rulebook on Entry and Stay of Aliens )

-        Experts, teachers and lecturers from foreign cultural and educational institutions (Article 69 of the Rulebook on Entry and Stay of Aliens)

-        Civil and military officials of other countries’ governments working in Bosnia and Herzegovina on the basis of agreements on cooperation with Bosnia and Herzegovina (Article 70 of the Rulebook on Entry and Stay of Aliens)

-        Members of international scientific missions, conducting research in Bosnia and Herzegovina approved by the Council of Ministers (Article 71 of the Rulebook on Entry and Stay of Aliens)

-        Representatives of religious communities registered in Bosnia and Herzegovina while performing duties only with regard to religious service (Article 72 of the Rulebook on Entry and Stay of Aliens )

-        International correspondents accredited in Bosnia and Herzegovina or reporters for international media (Article 73 of the Rulebook on Entry and Stay of Aliens)

-        Artists and technical staff, authors and performers (Article 74 of the Rulebook on Entry and Stay of Aliens)

-        Aliens performing, on the basis of agreements with the Council of Ministers of Bosnia and Herzegovina, Ministry of Defense of Bosnia and Herzegovina, Ministry of Justice of Bosnia and Herzegovina, or the Ministry of Security, duties relevant for defense, legal system or state security or attending specializing courses in the mentioned fields (Article 75 of the Rulebook on Entry and Stay of Aliens)

-        Aliens visiting Bosnia and Herzegovina in order to participate in sports and chess events (Article 76 of the Rulebook on Entry and Stay of Aliens)

-        Experts in the field of protection of cultural heritage, library science and archivist science (Article 77 of the Rulebook on Entry and Stay of Aliens)

-        Aliens sent by international employer, providing education and training for persons employed with natural and legal persons with a seat in Bosnia and Herzegovina (Article 78 of the Rulebook on Entry and Stay of Aliens)

-        Aliens acquiring expert education and training (Article 79 of the Rulebook on Entry and Stay of Aliens )

-        Aliens who perform tasks related to the delivery, installation and servicing of machinery or equipment (Article 80 of the Rulebook on Entry and Stay of Aliens)

-        Aliens who participate in organized professional conferences and seminars (Article 81 of the Rulebook on Entry and Stay of Aliens)

-        Aliens participating on fairs or exhibits where their employer is presented (Article 82 of the Rulebook on Entry and Stay of Aliens)

-        Aliens employed in circuses and amusement parks (Article 83 of the Rulebook on Entry and Stay of Aliens )

-        Aliens who are engaged in projects of importance for Bosnia and Herzegovina if such experts or key persons are significant for realization of the project (Article 84 of the Rulebook on Entry and Stay of Aliens )

-        Aliens who are staying for the purpose of volunteer work in humanitarian organizations, citizens' associations and foundations (Article 85 of the Rulebook on Entry and Stay of Aliens)

-        Doctors who are invited by medical institutions of Bosnia and Herzegovina to perform specialist examinations and other medical services (Article 86 of the Rulebook on Entry and Stay of Aliens).

 

The documentation submitted with the application for approval/extension of a temporary residence shall be submitted in the original form or a certified copy, and documents in a foreign language shall be submitted with a translation into one of the official languages in Bosnia and Herzegovina. (Article 2 of the Rulebook on Entry and Stay of Aliens).

More information about the documents required to be enclosed with the application for a temporary residence permit can be found on the website of the Service for Foreigners' Affairs www.sps.gov.ba.

GROUNDS FOR GRANTING PERMANENT RESIDENCE IN BOSNIA AND HERZEGOVINA

A permanent residence permit shall be issued to an alien on the following conditions: That he/she has resided in the territory of Bosnia and Herzegovina on the basis of a temporary residence permit for at least five years uninterruptedly prior to submitting the application for issuance of a permanent residence permit, that he/she has sufficient and regular funds in order to support himself/herself, that he/she has confirmed adequate accommodation, that he/she has confirmed health insurance, knows one of the languages and alphabets in official use in and that he/she is not subject to criminal proceedings and have not been convicted of a criminal offense, as evidenced by a certificate issued by the competent authority of the country where he/she has the habitual residence not older than six months from the date of filing requirements. It is believed that the alien resided continuously in Bosnia and Herzegovina if during the period of five years he/she was absent from Bosnia and Herzegovina several times in total up to 10 months or once up to six months. (Article 59 of the Law on Movement and Stay of Aliens and Asylum and Article 93 of the Rulebook on Entry and Stay of Aliens , Application for issuance of permanent residence - Form no. 13).

An administrative fee in the amount of 200,00 BAM shall be paid for the issuance of a permanent residence permit (Article 1 of the Decision on Amending the Tariff of Administrative Fees).

The documentation submitted with the application for a permanent residence shall be submitted in the original copy or a certified copy, and documents in a foreign language shall be submitted with a translation into one of the official languages in Bosnia and Herzegovina. (Article 2 of the Rulebook on Entry and Stay of Aliens)

WHEN THE ALIEN SHALL NOT BE APPROVED PERMANENT RESIDENCE

An alien shall not be granted permanent residence (Article 59, paragraph 5 of the Law on Movement and Stay of Aliens and Asylum) if he/she resided in Bosnia and Herzegovina:

a)     on the basis of temporary protection or has submitted an application for temporary protection and awaits a decision on his/her status;

b)     on the basis of international protection or has submitted an application for temporary protection and awaits a decision on his/her status;

c)     on the basis of a legal status as set out in Vienna Convention on Diplomatic Relations from 1961, Vienna Convention on consular relations from 1963, Convention on special missions from 1969 or Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character from 1975;

d)     on the basis of temporary residence due to humanitarian reasons under Article 54 (Temporary residence on humanitarian grounds), paragraph (1), item b), c), d) and e) of this Law;

e)     for the purpose of serving a sentence or execution of another criminal sanction or other commitment on the basis of a Court decision or a decision of another competent authority;

f)      on the basis of medical treatment or rehabilitation,

g)     on the basis of work without a work permit toward the realization of a project relevant for Bosnia and Herzegovina which is implemented by an international or a local institution or a humanitarian organization, an association, a foundation or another organization;

h)     on the basis of work without a work permit if an alien provides services on behalf of a foreign employer or is a volunteer, or

i)       on the basis of family reunification with an alien whose basis for temporary residence does not belong to the one which is subject to application for permanent residence in Bosnia and Herzegovina.

An alien whose temporary residence is granted on the basis of education, for the time necessary for the approval of permanent residence, half of the time spent on the basis of granted temporary residence is considered. Application for permanent residence which is filed during temporary residence may not be on the basis of education. (Article 59, paragraph 6 of the Law on Movement and Stay of Aliens and Asylum)

 

IV INTERNATIONAL PROTECTION IN BOSNIA AND HERZEGOVINA

International protection means refugee status and subsidiary protection status recognized by the competent authority in Bosnia and Herzegovina for refugees or aliens eligible for subsidiary protection.

A refugee is an alien who according to the 1951 Convention Relating to the Status of Refugees and 1967 Protocol, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his/her nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country, or stateless person outside the country of his/her habitual residence and cannot or due to fear is unwilling to return to that country.

A person holding subsidiary protection is an alien who does not fulfill the criteria for refugee status, but in respect of whom substantial grounds have been shown for believing that the person concerned would face a real risk to be exposed to the death penalty, i.e. execution, torture or inhuman or degrading treatment or punishment in the country of origin or country of habitual residence, as well as the existence of a serious individual threat to a civilian’s life or person due to indiscriminate violence in situations of international or national armed conflict and is unable or, owing to the fear, is unwilling to avail himself of the protection of that country.

Sanctions for illegal entry or presence in Bosnia and Herzegovina shall not be applied to the asylum seeker, which comes directly from the territory where his/her life or freedom was in danger, provided that, without delay, he/she reports to the competent authority (Service for Foreigners Affairs and Border Police of Bosnia and Herzegovina) and presents reasonable grounds for illegal entry or presence in Bosnia and Herzegovina.

INTENTION AND APPLYING FOR INTERNATIONAL PROTECTION

The intention to file a request for international protection an alien can express to the Bosnia and Herzegovina Border Police at the border crossing point or organizational units of the Service for Foreigners' Affairs in Bosnia and Herzegovina. Organizational unit of the Service for Foreigners' Affairs are the following Field Offices: Sarajevo, Banja Luka, Mostar, Trebinje, Zenica, Bijeljina, Brcko, Istocno Sarajevo, Tuzla, Doboj, Travnik, Gorazde, Bihac, Orasje, and Livno.

The Service for Foreigners shall issue an attestation on the intention to file a request for international protection and determine the travel route and the deadline needed for the alien to personally file a request for international protection. This attestation shall be considered as permission to remain for a specific period of time and for determined travel route.

The request for international protection shall be filed in person with the Seat of the Ministry of Security, where the request for international protection shall be considered and decision reached. The request for international protection shall be filed in person, then the applicant is registered and receives a document (asylum seeker card) confirming the submission of the request for international protection. That document shall be considered as a residence permit until a binding or final decision is reached.  The asylum seeker card shall be issued for a period of three months with the possibility of extension. A request for extension of the asylum seeker card shall be filed no later than 15 days before the expiry of the card.

AUTHORITY FOR CONSIDERATION AND DECISION ON MOTION FOR INTERNATIONAL PROTECTION

Ministry of Security determines the merits of the request for international protection, or whether an alien meets the requirements for recognition of refugee status or subsidiary protection status. The decision on the request for international protection shall be made by the Ministry of Security, Asylum Sector.

The decision on the request for international protection is final and binding (no possibility to appeal against the decision) while an alien may initiate an administrative dispute before the Court of Bosnia and Herzegovina within 60 days. In cases of unfounded applications (emergency procedure as defined by law) the deadline for initiating an administrative dispute is shorter and is no longer than 8 days. In case where the procedure at the request shall be suspended by conclusion or rejected, the deadline for initiating an administrative dispute is 8 days and the complaint does not postpone the execution of the decision.

Note: In the process of the request for international protection, the public is excluded and all data and information obtained in such proceedings are confidential data.

RIGHTS AND OBLIGATIONS OF PERSONS WHO FILED AN APPLICATION FOR INTERNATIONAL PROTECTION

Rights:

-        The right to stay in Bosnia and Herzegovina until the court reaches a final and binding decision on the application for international protection;

-        The right to basic health care, accommodation in asylum center if there is an accommodation capacity in the center (camp); nutrition that meets the international standards of nutrition, basic education, free legal assistance on issues related to the procedure.

Obligations:

-        Respect the public order of Bosnia and Herzegovina, constitution, laws and other legal regulations of the competent authorities;

-        Active cooperation with the competent authorities during the proceedings on the application for international protection;

-        Compliance with rules and Rulebook in the Asylum Center;

-        A person in the process of the application for international protection is required to register his/her residence and any change of address to the competent authority within a period of 8 days.

RIGHTS AND OBLIGATIONS OF PERSONS WHO ARE GRANTED INTERNATIONAL PROTECTION

Rights:

-        An alien with recognized refugee status has the right to stay for the duration of international protection. Besides his/her stay in Bosnia and Herzegovina they are entitled to the right to work, education, health and social care under the same conditions as nationals of Bosnia and Herzegovina and the right to family reunification.

-        Alien who has been granted subsidiary protection status has the right to reside in Bosnia and Herzegovina for one year. A residence permit shall be renewed at the request of the alien as long as there are the conditions for which he/she had been granted the status. In addition to the right of residence he/she has the right to work, education, health and social care under the same conditions as nationals of Bosnia and Herzegovina.

Obligations:

-        The obligation to respect the public order of Bosnia and Herzegovina, the Constitution of Bosnia and Herzegovina, the laws and other legal regulations of Bosnia and Herzegovina;

-        The obligation of registration of residence and address to the competent authority within a period of 8 days.

TEMPORARY PROTECTION

Temporary protection shall be granted to aliens coming en masse to Bosnia and Herzegovina from a country where, due to a war or comparable situation, general violence or internal conflicts, violation of the human rights has taken place, and the country of their origin has no capacities to protect them.

REASONS FOR GRANTING AND THE PERIOD OF THE TEMPORARY PROTECTION

-        An alien had a permanent or temporary residence in country where, due to a war or comparable situation, general violence or internal conflicts he/she had to escape and directly has come to Bosnia and Herzegovina;

-        An alien has resided legally in Bosnia and Herzegovina prior to the emergence of such situation, and his/her return to the country of origin had been temporarily disenabled by the same reason of temporary protection;

-        Temporary protection can be extended for the period of six months if there are justifiable reasons for granting it, and it may last maximum two years in total.

COMPETENT AUTHORITIES FOR GRANTING THE TEMPORARY PROTECTION

-        The assessment of the necessity to grant the temporary protection to the persons shall be made by the Council of Ministers;

-        The Ministry of Security shall grant the temporary protection;

-        Council of Ministers may extend temporary protection for additional one year upon the proposal of the Ministry.

RIGHTS AND OBLIGATIONS OF PERSONS UNDER THE INTERNATIONAL PROTECTION

Rights:

-        Residence, basic conditions for living and accommodation, health care, primary and secondary education, legal assistance, freedom of religion, right to work.

Obligations:

-        The obligation to respect the constitutions, laws and other regulations in Bosnia and Herzegovina;

-        The obligation to register his/her residence and change of address with the competent authority within 8 days.