ABOLITION OF BANK GUARANTEE FOR TEMPORARY RESIDENCE AND WORK PERMITS
FOR THIRD COUNTRY NATIONALS
According to the latest amendment of the Aliens and Immigration Law, Cap. 105, which took place on 06.12.2019, the requirement for employers to submit to the Civil Registry and Migration Department (‘‘CRMD’’) a bank guarantee for covering possible repatriation expenses, for the purpose of granting a temporary residence and work permit to third country nationals has been abolished.
Instead of a bank guarantee, employers will now be required to submit a Responsible Declaration whereby the employer shall confirm that the employer undertakes to incur any expenses for the employee’s removal from the Republic, if such removal will be deemed necessary.
In cases where a bank guarantee has already been submitted or in cases where the bank guarantee’s amount is at the disposal of the CRMD, the bank guarantee amount will be refunded provided that the employer will submit the above mentioned Responsible Declaration, by which the employer will undertake to cover any repatriation expenses. The aforesaid apply to the following categories of third country nationals:
(i) Persons who possess a valid temporary residence and work permit;
(ii) Persons who have applied for a change of employer;
(iii) Persons who remain illegally in the Republic of Cyprus;
(iv) Persons residing in the Republic as asylum seekers.
In cases where the employer refuses or omits to incur the repatriation expenses for the removal of the third country national, then the Director of the CRMD shall initiate legal proceedings against the employer for the purpose of collecting the owed amount as a civil debt payable towards the Republic. Pending any payment/settlement of such amount, no application of the said employer shall be examined regarding the issuance, amendment or renewal of a temporary residence and work permit for any other third country national.
For the release of a bank guarantee which has already been submitted or for the return of the amount of the bank guarantee which is at the disposal of the CRMD, the employer shall submit the Responsible Declaration before the CRMD or before any District Unit of the CRMD.
Senior Associate Lawyer
We are a Law Firm with offices in Cyprus and Malta and a representative office in Shanghai China comprising of more than 80 lawyers, accountants and other professionals who advise, international and local clients.
The Firm has been offering legal and consulting services since 1983 evolving from a traditional law firm to an innovative cutting-edge multidisciplinary law firm combining exceptional expertise in law, tax, vat and accounting.
From its establishment the Firm’s focus has been heavily business oriented and always abreast with the latest global developments and innovations. Drawing from our pool of experienced professionals we provide our clients’ businesses full legal and accounting support on an everyday basis as well as customized solutions in today’s global financial and legal challenges.
We consider ourselves as ‘traditional pioneers’ and our motto is to foresee and anticipate any issues that may potentially impact our clients’ business and to offer effective advice and solutions proactively.
Lawyers’ Limited Company
12 Egypt Street, 1097, Nicosia
P.O. Box 22303, 1520 Nicosia, Cyprus
Tel: + 357 22 55 88 88 – Fax: + 357 22 66 25 00
Civil Partnership, Law Firm
Kinanis Fiduciaries Limited
Suite 20, The Penthouse, 4th Floor, Ewropa Business Centre,
Dun Karm Street, Birkirkara, BKR 9034, Malta
Tel: + 356 27 54 00 24, Fax: + 356 27 54 00 25
Kinanis (China) Limited
China Representative Office
Unit 661, 6/F CIROS PLAZA,
388 Nanjing West Road, Huangpu District,
Shanghai City, 200003, China
Tel: + 86 18 410 072 690
is the service mark through which Kinanis LLC of Cyprus, Kinanis Fiduciaries Limited of Malta, Kinanis, Civil Partnership, of Malta, Kinanis (China) Limited of Cyprus and their affiliated companies are conducting their business each of which is a separate legal entity.
refers to the service mark through which Kinanis LLC of Cyprus, Kinanis Fiduciaries Limited of Malta and their affiliated
companies are conducting business, each of which is a separate legal entity.