Immigration Law at Libya
Libya's immigration and nationality laws are governed by a combination of legislative acts and regulations that address the entry, stay, and rights of foreign nationals. Here's an overview of the key legal frameworks:
🛂 Key Immigration Laws in Libya
Law No. 6 of 1987 – Organizing the Entry and Residence of Foreigners
Entry and Purpose: Foreign nationals must specify the purpose of their stay (e.g., employment, study) and obtain appropriate authorization.
Residency Permits: Foreigners granted residency visas must obtain a residency permit from the General Directorate of Passports and Nationality within one month of issuance. (Law No. (6) of 1987 organising the entry and residence of foreigners - Libya - DCAF Legal Databases)
Employment: Employers must notify the competent passport office within seven days of employing a foreigner and upon the completion of their service. (Law No. (6) of 1987 organising the entry and residence of foreigners - Libya - DCAF Legal Databases)
Revocation of Residency: Residency can be revoked if the individual poses a threat to national security, public health, or morals, or if they violate the conditions of their stay. (Law No. (6) of 1987 organising the entry and residence of foreigners - Libya - DCAF Legal Databases)
Law No. 24 of 2023 – Prevention of the Settlement of Foreigners
Definition of Settlement: Any foreigner entering Libya with the intent to make it their permanent home, regardless of visa status, is considered to be settling. (Law No. 24 of 2023 concerning the prevention of the settlement of foreigners in Libya - The Law Society of Libya)
Penalties: Individuals attempting to settle without authorization face imprisonment and fines. (Law No. 24 of 2023 concerning the prevention of the settlement of foreigners in Libya - The Law Society of Libya)
Responsibilities of Employers and Hosts: Those who shelter, employ, or facilitate the entry of foreigners intending to settle must notify authorities and may face penalties if they fail to do so. (Law No. 24 of 2023 concerning the prevention of the settlement of foreigners in Libya - The Law Society of Libya)
Guarantor Requirement: Foreigners must have a Libyan national as a guarantor responsible for all procedures related to their stay. (Law No. 24 of 2023 concerning the prevention of the settlement of foreigners in Libya - The Law Society of Libya)
Law No. 19 of 2010 – Combatting Illegal Immigration
Regularization of Status: Individuals residing in Libya without legal authorization must regularize their status within two months of the law's enactment to avoid penalties. (Law No. (19) of 2010 on combatting illegal immigration - Libya - DCAF Legal Databases)
Treatment of Illegal Immigrants: Authorities are required to treat illegal immigrants humanely, preserving their dignity and rights. (Law No. (19) of 2010 on combatting illegal immigration - Libya - DCAF Legal Databases)
Fines and Confiscations: Funds collected from fines and confiscated assets are deposited into a special account in the Public Treasury. (Law No. (19) of 2010 on combatting illegal immigration - Libya - DCAF Legal Databases)
⚖️ Human Rights and Migration Challenges
Libya has been a focal point for irregular migration, with many individuals transiting through the country en route to Europe. This has led to significant humanitarian concerns, including reports of human rights abuses in detention centers and the exploitation of migrants. International organizations, such as the International Organization for Migration (IOM), have been working with Libyan authorities to improve border management and ensure the protection of migrants' rights. (Pakistan says at least 16 nationals died in migrant boat sinking near Libya, Immigration and Border Management | IOM Libya, UN Migration | IOM Libya)
🏛️ Nationality and Citizenship
Libya's nationality laws are primarily based on the principle of jus sanguinis (right of blood), meaning that nationality is typically conferred through Libyan descent. Naturalization is possible but subject to strict conditions, including a lengthy period of legal residence and a demonstrated commitment to the country. Dual nationality is generally not recognized, and individuals acquiring foreign nationality may be required to renounce their Libyan citizenship.
RELATED Blog
0 comments