Iraqi E-Visa

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Legislation Number (76) year 2017 Foreigners’ Residency

Chapter one
Definitions, Rationality and the Objectives

Article-1-First: This legislation applies to the ordinary foreigner personnel.

Second:The Meaning of the next expressions in shown next to the words:-

Ministry: Ministry of Interior .
The Minister: Minister of Interior .
The Director-General: The Director General of the General Directorate of Residence .
Directorate General: The General Directorate of Residence to be developed later in the Ministry of Interior’s Legislation .
Competent Authority:The General Directorate of Residence.
Residence Officer: The officer authorized by the Director-General shall have the power of a residence officer for the purpose of implementing the provisions of this Law .
Office of Security Audit: It is an office in the Ministry of Foreign Affairs which includes of each of the Ministry of Foreign Affairs, The General Directorate of Residence, Intelligence from the Ministry of Interior, The Iraqi National Intelligence Service, and the National Security Service. Their task will be Daily checking of the names that they receive from the Iraqi embassies and consulates for the purpose of issuing entry visa .
The foreigner: Is the person who does not have the Iraqi passport.
Entry Visa: The approval of the foreigner’s entrance into Iraq is marked on the passport by the Iraqi consulate or someone who takes his place or any party that locks after Iraq’s interests abroad, or anyone authorized by the Minister.
Document of residence: The document which includes the permission to stay in Iraq and it is issued by a competent Iraqi authority.
Deportation: The competent authority asks a foreigner who is legally residing in the Republic of Iraq to leave.
Expulsion: To return a foreigner who illegally entered the territory/land of the Republic of Iraq outside the border by a decision of the competent authority.
Departure Visa: The competent authority’s approval for a foreigner to leave Iraq, and it is marked on his passport.
Passing Permit: To be given to the foreigner who losses his/her passport or traveling document while his country of origin has no diplomatic representation in Iraq.
Arrival Information: It is an information form which is filled and signed by the foreigner.

Third:The provisions of this legislation shall not apply to the following personnel:-

A. Foreign Presidents, Kings, Prime Ministers and their family members and their companions during visits.
B.Heads of diplomatic missions and Consulates their official staff (accredited and non- accredited) and their families, taking into account the principle of reciprocity until they get provided with special identification cards by the Ministry of Foreign affairs.
C. Those who are responsible for facilitating the ships, airplanes, and trains coming to Iraq along the time when the ships, airplanes, and trains stay in Iraq in the condition that the Iraqi competent authorities stamp their traveling documents upon arrival and departure.
D.The ships, airplanes and trains’ passengers if the Iraqi competent authorities give them the permission to land and stay in Iraq as long as the ships, airplanes, and trains stay.
E.Those who are exempted under international agreements to which the Republic of Iraq is a party.
F. Minors covered by their relatives’ passports.
G. The residents of the border areas who are citizens of the neighboring countries and they enter the Iraqi territory by land to do their ordinary work, and they are included in the agreements between Iraq and their countries with the knowledge/awareness of border authorities.
H.Iraqis who hold foreigner passports and their children.

Article -2-this legislation aims at the following:-

First:Organizing the entrance and departure of foreigners to/from Iraq.
Second: Determining the types and standards of entry and exit features for foreigners from and to Iraq.
Third: Organizing the residence of the foreigner in Iraq.

Chapter Two
The Entrance and Departure of the Foreigner

Article -3-The foreigner’s entry into Iraq is subject to the following:-

First: To have a passport or a travel document that is valid to the minimum of (6) months.
Second:To have had a valid entry visa and stamped upon arrival and departure to/from Iraq.
Third:proving of being free of communicable diseases and acquired deficiency according to law.
Forth: To enter and depart to/from Iraq via the official border crossings after getting their passports stamped upon arrival and departure.

Article -4-The residence officers operating at the border crossings must refer the foreigner to the competent authorities for investigation, taking into consideration the principle of reciprocity, in case it was proven that he/she has manipulated the personal data or the Iraqi or other issued visas, or the manipulation of the photo affixed in the passport or his/her travel document.

Chapter Three
Entry Visas and Departure

Article -5-Entry visas shall be issued, renewed and canceled in accordance with the provisions of this law.
Article -6-first:The General Directorate of Residence is authorized to grant the entry visas that are stipulated in paragraphs (a, b, c, d, e, and f) and item (Third) of Article (7) of this legislation.

Second: Our representation abroad will issue the entry visas that are referred to in item (First) of this article after the agreement of the Security Audit Office in the Ministry of Foreign Affairs.
Third: The Minister shall establish regulations to organize the procedures and conditions when residents in Iraq apply entry visas for foreigners who live abroad and intend to enter Iraq.

Article-7-First: The entry visas for Iraq to be as follows:-

A. Ordinary Visa: Authorizes the visa holder to enter Iraq ones throughout (60) days from the issuing date and he/she can stay in Iraq during that time.
B. Passing Visa: Authorizes the visa holder to enter Iraq ones within (30) days from the issuing date, and he/she can stay in Iraq (7) days maximum.
C. No Stop Entry Visa: Authorizes the visa holder to pass through Iraq for three (3) days under the supervision/control of the competent authorities without stopping. It is for one entry within (30) days from the issuing date.
D. Visiting visa: Authorizes the visa holder to enter Iraq ones within (90) days from the issuing date and to stay in Iraq for (30) days. The visa holder cannot work in any place in Iraq with or without payment.
E. Touristic Visa: Granted for visiting the touristic and religious locations. It authorizes its holder to enter the Iraqi lands ones within (60) days from the issuing date and to stay in Iraq for (30) days under the sponsorship of the working touristic foundations, bodies, and companies. The holder of this kind of visa has no right to work in any place with or without payment. Sponsorship is not needed if tourism is made individually or as a family vacation.
F. VIP visa: It shall be granted by decisions made by the Minister of Interior in coordination with the Minister of Foreign Affairs for considerations related to international courtesies. Its holder can stay in Iraq for (30) days from the entry date.
G. Urgent Visa: is issued by visa affairs officer for a foreigner who arrives in Iraq without a valid visa prior to arrival and needs an entry. The general director must be notified immediately.
H.Fast entry Visa: To be granted within one day.
I.Political visa: Granting this kind of visa shall be organized by instructions issued by the Minister of Foreign Affairs in coordination with the Minister of Interior taking the reciprocity principle into consideration.
J. Diplomatic Visa: It is granted to individuals who have Diplomatic passports in accordance with instructions issued by the Minister of Foreign Affairs in coordination with the Minister of Interior.
K. Service Visa: It is granted to individuals who have Service Passports in accordance to instructions issued by the Minister of Foreign Affairs, and in coordination with the Minister of Interior or anyone who might represent him.

Second: The Director-General or whoever represents him, and the Ambassador can grant one or multiple visits visa. The holder of such kind of visa is authorized to enter the Iraqi lands within (3) months from the issuing date and for multiple extendible visits following the reciprocity principle. It shall be issued according to instructions given by the Minister as the following:

a) Multiple visits visa for (3) months
b) Multiple visits visa for (6) months
c)Multiple visits visa for (1) year

Article-8-Entry visa shall be granted in the following conditions:

First: To provide the Iraqi representatives abroad and the border crossing points/outlets what proves that he/she is financially capable of living during his accommodation in Iraq.
Second: not having any barrier to entry into Iraq for reasons related to public health, morals, security, or barriers related to improper coordination with the competent authorities.
Third: Not to be accused or convicted of a felony/crime outside Iraq.
Fourth: two recently taken photos of the visa requester. p. 7
Fifth: proved of being free of communicable diseases and acquired immune deficiency according to the law (Iraqi Ministry of Health instructions).

Article-9-The Director-General or whoever represents him can grant foreigners entry visa and residence (Ikama) to stay in Iraq for one extendible year in one of the following conditions:

First: To join the head of household or the guardian.
Second: To study in one of the Iraqi universities, colleges, institutes or they are religious students “and their families”. Those who have training or specialization course in one of the public bodies and institutions.
Third:The foreigner woman who has been divorced by her Iraqi husband or widowed.
Fourth:To husband and children of an Iraqi (male/female) who have foreign passports.

Article-10-The foreigner who asks for a visa has to submit the following documents and data to the competent authorities:

First:Purpose of entry.
Second:The person/party who will provide him/her with money in case of need.
Third: Address of the place where he will reside.
Fourth:Two (2) recent personal photos.
Fifth: Any information required by the competent authorities related to visa.

Article-11–The sponsor is committed to confirm the validity of the information recorded in the application and to bring the sponsored person in case of deportation or any other action that the competent authority may take against him/her when necessary.
Article-12-The sponsored person must commit not to work for any other parties except his/her sponsor. The sponsor must not hire unsponsored foreigners, or a foreigner who is sponsored by another person.
Article–13-The work sponsorship of the foreigner in Iraq can be switched/changed from one sponsor to another according to the following:

First: If the request to switch is within the state and public sector, the following conditions must be met:

A. The approval by the previous as well as the subsequent sponsor.
B.The approval by the competent authority.

Second:If the request was about switching from the private to the public sector, the following conditions must be met:

A. The approval of the previous as well as the subsequent sponsor.
B. The approval of the competent authority.
C.The approval of the Ministry of Labor and Social Affairs, if the sponsored person is one of the categories subject to the provisions of the Labor Law.

Third: If the request was about switching within the private sector, the following conditions must be met:

A.The approval of the previous as well as the subsequent sponsor.
B.The approval of the Ministry of Labor and Social Affairs, if the sponsored person is one of the categories subject to the provisions of the Labor Law.
D.The sponsored person must have a valid residence.

Article-14-Upon arrival in Iraqi territories, persons who are responsible for facilitating transportation means shall provide the officer with the list of the passengers’ names, their data, and a list of the names of those holding passports, travel documents or visas, or those whose passports are suspected to be inoperable, and whom shall prevent from leaving the transportation means until the competent authority decides how to handle them.
Article-15-First:The foreigner who has a job contract or other obligations cannot leave Iraq unless he/she get the departure visa after that the competent authority verifies the clearance certificate/letter issued by the employer.

Second: The Minister or his representative or the judicial authorities can postpone the foreigner’s departure from Iraq for no more than (30) days when there are special reasons related to security or public order.

Third: The foreigner has a departure visa valid for (10) days and the Director-General can extend its validity fro (7) days if he was convinced with the reasons why the foreigner did not depart within the above-mentioned duration.

Article-16-The minister or his representative may decide to prohibit/ban the entry of a foreigner to Iraq for reasons related to security or public interest.
Article-17-First: The Director-General or his representative may extend the validity duration of the entry visa referred to in Article (7), Item (First), paragraphs (A, B, C, D, and E), in addition to Item (Second) of Article (7) of this legislation for only ones and for additional fee.

Second:The Director-General or his representative may change the visiting or touristic visa to the ordinary visa.

Third: The Director-General or his representative may cancel the entry visa which is referred to in the Article (7) of this legislation for legal reasons, and the foreigner has the right to object the cancel decision in front of the Minister within (30) days from issuing the decision.

Chapter Four
Foreigners Residence

Article-18-First:The foreigner must fill in and sign the access report form and submit it to the Residency Officer at the port upon arrival.

Second:The managers of hotels, motels or any other place where the foreigner resides must inform the Residency Officer about the check in and check out dates within two days from the check-in or the checkout. Anyone who accommodates a foreigner in places other than the above mentioned, he/she must inform the Residency Officer of both the arrival and departure of the foreigner within the aforesaid time duration.

Third:A. Anyone who “uses”/ hires a foreigner must inform the Residency Officer of within (48) hours from the hiring date or if he left Iraq. He must attach the foreigner’s passport or the working badge (if available). The sponsor must visit the Residency Directorate to cancel the residency (ikama) of the sponsored person or to change his sponsorship.

B. To all those who have used foreign labor must deposit financial insurances or a valid return ticket to guarantee that the foreigner will return to his county/leave Iraq.

Article -19-First: The foreign national person who desires to stay in Iraq for more than the duration which is determined by his regular visa, before the end of that period he can achieve the residency card from the Residence Officer which is valid for maximum one year. He may extend it for one more year (30) days before its expiry date. This can be repeated several times as long as the justification for granting the residence is available.

Second: The Director General of the Residency-General Directorate may refuse to grant or extend a foreigner’s residency if it was necessary for the public interest; meanwhile, the foreigner has the right of objection against the rejection decision in front of the Minister within (15) days from the notification date. The objection shall be answered in no more than (30) days from the submission date.

Third: The minister can cancel the foreigners’ residence before it is expired for reasons related to the public interest.

Forth: The resident whose residency period has finished must deliver his/her residency card to the Residence Officer when he/she applies for the departure visa.

Fifth:If the foreigner leaves Iraq for (6) months, the rest of the duration he/she has been given will be canceled. When he/she comes back, he/she has to apply for a new residency certificate.

Article -20-The foreigner who has lost his/her passport, traveling document, or residency card must report the Residency Officer of that in (3) days from losing it. He/she must announce that in two national newspapers at his/her own expense. After (15) days from the publication date, he/she will get (residence certificate) as a replacement to the one that was lost along with providing the embassy of his/her country in Iraq with a letter via the Iraqi Ministry of Foreign Affairs which includes the residency data. The remaining period of residence can be verified in the new passport. The same procedures will be taken place in case of damage, except publishing in the national newspapers.
Article -21-First:The Director General of the Residence General Directorate or its representative can allow the foreigner to stay in Iraq for (3) years extendible to the same duration each time in condition the foreigner provides a useful service to the country in one of the following cases:

A.Born and kept residing in Iraq.
B.Who entered Iraq in a legal way and kept living in the county for (15) years or more.
C. The foreigner who provides scientific, cultural, artistic services to the country and he/she has been living in Iraq for (3) years.
D. A resident in Iraq for a period not less than 6 years under an employment contract or use with the government and wished to reside after the expiration of the term of his contract.
E. Whoever studies in the religious schools.
F. Investors and businessmen who have investment or commercial activities inside the country.

Second: the residence shall stay valid for reasons related to paragraphs A & B of Item (First) of this Article if the duration of staying outside Iraq did no exceed (6) months each year and for reasonable reasons.

Third: The Director General of the Residence General Directorate or his representative may let the foreigner woman who's married to an Iraqi woman to stay in Iraq the duration that is referred to in the Item (First) of this Article.

Forth: The Director General of the Residence General Directorate or his representative may let the foreigner man who's married to an Iraqi citizen to stay in Iraq the duration that is referred to in the Item (First) of this Article with the continuation of the marital relationship.

Article-22-The Minister may decide to prevent the foreigner in absolute terms or the restrictions he assigns from passage, movement or residence in the areas he determines by a statement published in a local newspaper for reasons of security or public order.
Article-23-The period of time spent by a foreigner in Iraq from the period of applying for residence until obtaining it is valid after the completion of all the conditions stipulated in the law.

Chapter Five
Expulsion & Deportation of Foreigners

Article-24-The General Directorate of Residency must follow up and take legal action against the foreigners who enter Iraq with entry visas but do not leave during the period allowed, as well as those who end the period of residence granted to them and yet they do not apply for extending their residence during the deadline.
Article-25-The Ministry shall carry out inspection campaigns to ensure that the laws and decisions are not violated and follow the legal procedures prescribed for inspection and to control the violators of the following categories:

First: Infiltrators and those who help them enter and stay in Iraqi territories.

Second:Those who hire unsponsored foreigners.

Third:Those who do not give a job to the individuals they have sponsored, and they let them work for others.

Fourth:Those who escape from their sponsors and work for others.

Fifth: The perpetrators of any other violations.

Article-26-The Director-General or his representative may deport the foreigner who entered Iraq illegally.
Article-27-The Minister or his representative may deport the foreigner who entered Iraq legally; yet was proven later that he/she does not meet the conditions referred to in Article (8) of this legislation, or the resident who loses one of the conditions.
Article-28-If the foreigner cannot be deported or expelled, or if he is stateless, the Minister or his representative may determine his place of residence for a period specified in the resolution until he is expelled or deported from Iraqi territory.
Article-29-If the foreigner cannot be deported or expelled and was dangerous to the public security, the Minister or his representative may determine his place of residence for a temporary period until he is expelled or deported from the Iraqi land.
Article-30-The expulsion decision may include the family members if they were mentioned in the expulsion decision.
Article-31-The Minister or his representative may expel a foreigner who has been sentenced by a court order which includes a recommendation to deport him from Iraq.
Article-32-The foreigner who has been deported from Iraq cannot return; unless by a Ministerial resolution and after that the reason for the deportation is not existing anymore.
Article-33-First: The cost of deporting the foreigner and his family will be on his own expenses or on his sponsor. If he was unable to afford that, then it will be in the state to which he belongs. In contrast, the Ministry shall afford that and to blacklist the person from entering Iraq again.

Second: The Director-General or his representative can issue a passing permit which is invalid for the return to the foreigner whose passport/traveling document has expired or been lost while there is no diplomatic representation of his country in Iraq.

Article-34-the foreigner whose deportation decision has been made and he requested 60 days to settle his business in Iraq after that an Iraqi person sponsors him, the Director-General can extend the time to maximum 60 days.
Article-35-The Director-General or his representative has the right to deport the foreigner if the rejection decision acquired a categorical degree.

Chapter Six
Fee

Article-36-First:The Minister can issue instructions according to which he determines the number of fees and fines collected by embassies, consulates, directorates of residence, residence and passport centers at the border crossing points, taking into account the principle of reciprocity. He has the right to reconsider it when it is necessary when it is approved by the Council of Ministers.

Second: Urgent and fast entry visa fee will double and must be paid at Iraqi embassies, consulates, related authorities, visa and entry centers at borders.

Article-37-Bellow mentioned persons and their wives and their underage children will not be charged the fee which is referred to in Article (36) of this legislation:

First:Foreigner student studying in the Iraqi schools, Institutes, Colleges, and religious schools.
Second:Foreigner staff who work for the Iraqi Government under a special contract.
Third: Foreigner journalists in accordance with the reciprocity principle.
Fourth:Official delegations invited by the Iraqi Government.
Fifth: The Iraqi who enters the country with a foreign passport.

Chapter Seven
Penalties

Article-38-If the driver or the owner of any transportation means tried to help/helped anyone to enter Iraq contrast to the provisions of Article (36) of this legislation, will be punished by putting in jail maximum (1) year and a penalty of minimum (500 000) IQD or maximum (1000 000) IQD, or one of the two punishments. Anyone who was in a transportation means when its driver tried to get him into Iraq is included in the punishment if he did not prove the other way around.
Article-39-A foreigner will be punished by maximum (1) year imprisonment and a penalty of minimum (500 000) IQD or maximum (1000 000) IQD, or one of the two punishments if he/she enters Iraq in contrast to the provision of this Article or he/she did not obey a deportation order.
Article-40-Anyone who violates the provisions of Articles (3, 8, 11, and 32) of this legislation will be punished by maximum (3) years imprisonment and a penalty of minimum (500 000) IQD or maximum (3000 000) IQD or one of the two punishments.
Article-41-Anyone who violates or helps others to violate the provisions of Articles (10, 14, 18, and 19) will be punished by maximum (1) year imprisonment and a penalty of minimum (100 000) IQD or maximum (500 000) IQD, or one of the two punishments.
Article -42-The resident foreigner who did not renew his passport during (30) days from its expiry date and did not visit the Residence Officer during the said period in case there was no diplomatic representation for his country in Iraq, will be punished by maximum (1) year imprisonment and a penalty of minimum (100 000) IQD or maximum (1000 000) IQD, or one of the two punishments.
Article-43-The Minister or the Residence Officer may impose a fine may impose a fine of minimum (500 000 IQD) or (100 000 IQD) on anyone who violates the provisions of this legislation.
Article-44-The Director-General or his representative is granted the authority of a criminal court judge in accordance to the provisions of the Code of Criminal Procedures to impose a delay fine when the foreigner did not initiate the legal procedures during the first (15) days of his entry to Iraq. The fine will be minimum (100 000 IQD), and (10 000 IQD) will be added to the fine for each day of delay in a way not to exceed (5000 000 IQD). The public holidays/days off are excluded from the above-mentioned deadline.
Article-45-If the court issued a sentence under one of the penalties set in articles 41 and 42 of this law, it shall judge by deporting the foreigner from Iraq.
Article-46-The imposition of the penalties provided for in this Law does not prejudice any other penalty referred to in other legislations.
Article-47-The Director-General or his representative is granted the authority of a criminal court judge in accordance to the provisions of the Code of Criminal Procedures to impose the fine which is referred to in Articles (38, 39, 40, 41, 42, 43, and 44) of this legislation.
Article-48-The Director-General or his representative shall be granted the Investigating Judge authority in accordance to the provisions of the Code of Criminal Procedures which authorizes them to place the foreigner in custody for maximum (7) extendible days as a preparation to deporting him.

Chapter Eight
Final provisions

Article-49-The Residence Officer can enter the foreigner’s living place by transportation means (Air, land, or sea) for the purpose of implementing the provisions of this legislation.
Article-50-The Minister determines the shape and content of the residence certificate form via granting resolutions.
Article-51-first: The Director-General may give an opinion to the Personal Status Court regarding the requests to approve the applications about Iraqi women’s’ marriage to foreigners in the following conditions:

A.He has entered Iraq legally.
B.He has an official job contract with one of the state’s departments or private sector or he entered Iraq with one of the visas referred to in this legislation after that woman willing to marry provides a written agreement the Residency Directorate and with the presence of her guardian.
C.He can afford living costs.
D.No to be accused of convicted of anything related to the public order or morals.
E. To be free of communicable diseases and acquired the deficiency.

Second:

A.Those who are of Iraqi origins to be excluded from the provisions of paragraph (B) of Item (First) of this Article.

B. The foreign woman who wishes to marry an Iraqi, to be excluded from the provisions of Item (First) B and C.

Article-52-First: The Foreigners Residence Legislation No. 118 of the year 1978 is canceled and the instructions issued thereunder shall continue to apply in a manner not inconsistent with the provisions of this Law.

Second: The bellow resolutions issued by the (dissolved) Revolutionary Command Council are canceled: No. 647 in 19/8/1978, 1279 in 30/9/1979, 200 in 7/2/1980, 443 in 26/3/1980, 846 in 25/9/1980, 1058 in 5/7/1980, 1124 in 15/7/1980, 1359 in 17/12/1980, 1656 in 16/11/1980, 1857 in 17/12/1980, 307 in 15/3/1981, 1246 in 19/11/1983, 95 in 18/1/1984, 691 in 1/9/1987, 137 in 5/12/2000, 202 in 12/9/2001. Day/month/year

Article–53-First: The Council of Ministers may issue systems to facilitate the implementation of these provisions.

Second: The Council of Ministers may issue instructions in (6) months to facilitate the implementation of this Law provisions.

Article-54-This Law must be applied/implemented from the date of publication in the official newspaper.

Mandating reasons:

In view of the numerous amendments made to the Law on Foreigners Residence No. (118) of 1978, and due to the emergence of new cases that warrant the revision of its provisions so that to comply with the objective circumstances prevailing in the Republic of Iraq, and with a view to encouraging investment, tourism and facilitate granting entry visa to foreigners and regulating their residence in Iraq, this Law has been promulgated.