Special Residence Permit for Foreigners (Shareholder and Administrator of a Commercial Company) – Interpretation of the State Police Border and Migration Directorate
“Legale Albania” has extensive expertise in advising domestic and foreign commercial entities (in particular), and it consistently assists foreign citizens who work in the Republic of Albania with the procedures of residence permits. Many of them act as shareholders and administrators at the same time.
According to Albanian immigration law, both kinds of foreign citizens enter Albania for employment purposes. However, the type of residence permit they apply for varies depending on their commitment and quality of work report, for which the law for foreigners frequently leaves room for different interpretations. For this reason, we have asked for an official interpretation of the law in force for determining their legal status and for this case, we have addressed the Department for Border and Migration in the State Police.
The Border and Migration Directorate’s response outlines the differences in treatment as follows: if a foreigner works as an administrator for a company but is not a shareholder, he is considered an employee of the company and is given a special permit. If a foreign citizen works as the administrator for a company but is also a shareholder in the company, he is considered to be self-employed in his company and is given a special permit as self-employed.
The Administrator is able to run his business from anywhere in or outside the Republic of Albania, depending on where he is physically located. If the Administrator (foreigner), for good reasons, is unable to remain on the territory of RSH for up to 180 days, he must first notify DVKM of the reasons for departing Albania (Article 36, Law 79/2021 “On Foreigners“). If the foreigner, administrator, as employed or self-employed, wants to stay in Albania and needs a permit to do so, he must fulfill the requirements to be given a unique permit.
The Legislation does not limit where a foreign citizen can stay when it comes to accommodation. It is sufficient to demonstrate that he has booked an acceptable accommodation for the entire duration of his stay, for which he is asking for the issuance of a unique permit. (VKM no. 858, dated 29.12.2021, Chapter III/B/3).
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