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 abovementioned 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 of 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.