Title Law n° 24 of 1973 on Residence and Foreigners’ Affairs
 

Date of adoption

 

 

1 January 1973

 

Entry into force

 

 

 

Text versions English

 

Official source:

Abstract

 

The law repeals the foreigners’ law of 1927 as amended. According to the new law, a “Foreigner” means any person who does not possess Jordanian nationality. The law establishes the Directorate of Naturalization and Foreigner’s Affairs within the Directorate of public security at the Ministry of Interior. Other Departments and authorities, i.e. the Governor or province governor, or the district director and the Borders officials, shall participate and cooperate with the Department in applying the provisions of the law (article3).

 

Article 18 of the law provides that any foreigner staying or wishing to stay in the country must obtain a residence permit in accordance with the provisions of the law and shall leave the territory of the Kingdom on expiry of his residence permit unless it is renewed. The Minister may, after consulting the Director of public security, either grant or refuse a foreigners application for a residence permit or yet cancel a residence permit already granted to him and order him to leave the Kingdom without explanation (Art.20). The Director may authorize a foreigner to stay in the Kingdom for a period not exceeding three months and may, in consultation with the competent departments and authorities, extent the said period for three more months against payment of a fee of one Jordanian dinar. Such authorization shall extend to his wife or wives and to all his children registered in his passport or equivalent document (article 20).

 

A foreigner’s application for a residence permit satisfying all the requirements prescribed in the Law shall be submitted to the Directorate or one of its branch offices or to the administrative authorities, provided that his passport or travel document is still valid. However, this requirement may be waived subject to the approval of the Minister of Interior (article 21).

 

A residence permit shall be valid for one year and be renewable subject to the requirements prescribed in this Law. The Minister may, on a proposal of the Director, grant a residence permit for five years to a foreign woman married to a Jordanian. He may also grant a Foreigner who has lived lawfully in the Kingdom for 10 years such a residence permit (article 22). The fee for a residence permit shall be fifteen Jordanian Dinars, and the each year fee for issuing a residence permit, in exchange for a lost one is also 15 Dinars (article 23). The Minister shall, on a proposal of the Director, determine the form of residence permits and of any particulars or other documents required for the purposes of the application of this Law (article 24). The Children of a foreigner, on reaching the age of 16 years while residing in the kingdom, be required to obtain a residence permit in accordance with the provisions of this Law (article 25). A residence permit shall be granted to a foreigner if the competent authorities are satisfied as to the reasons justifying his residence, provided that the applicant is: (a) A person holding an employment contract with a company or registered business or with an employer established in the Kingdom, provided that his activities are not in competition with those of Jordanians and that a certificate to that effect is issued by the Ministry of Labor and Social Affairs or by another competent authority; (b) A person who, throughout his residence has a secure and lawful source of income, either domestic or from abroad, which shall be established by means of a certified official document; (c) A person who has come to the Kingdom to invest capital in commercial or industrial ventures approved by the Ministry for the National Economy; (d) A person possessing scientific or vocational skills to which there is no equivalent in the Kingdom, provided that such skills are established by means of written official certificates issued by recognized authorities, subject to the approval of the competent Jordanian authorities; (e) An official or employee of a diplomatic or consular mission in the Kingdom, subject to reciprocity; (f) A disabled person or a minor child whose only provider resides in the Kingdom; or (g) A student admitted to a Jordanian educational establishment (article 26). Furthermore and without prejudice to the provisions of the preceding Article, the Minister may require a foreigner to provide security to cover such financial obligations as he may incur and to guarantee his departure from the Kingdom on the expiry of the residence permit granted to him (article 27). The Director may renew residence permits each year in accordance with the provision of this Law.

 

Exemptions:

The provisions of the Law shall not apply to:

(a) Heads of State and members of their families;

(b) Members of the foreign diplomatic and consular corps and their families accredited to the Kingdom. Members of the foreign diplomatic and consular corps not accredited to the Kingdom shall be treated on the basis of the principle of reciprocity;

(c) The crews of vessels and aircraft entering the Kingdom with maritime or aviation documents issued by their respective competent authorities, provided that the said documents shall be stamped by the border officials on their entry into or departure from the kingdom at ports and airports. These stamps shall not entitle their holders to stay in the kingdom for longer than their vessel calls at a port or their aircraft remains at an airport;

(d) The passengers of vessels and aircraft, respectively calling or landing at ports or airports in the kingdom, who are authorized by the competent authorities to disembark or to stay temporarily while their vessel calls at a port or their aircraft remains at an airport, provided that the duration of their stay does not exceed one week. The captain of a vessel or aircraft shall, before departure, report to the border officials any passenger left behind and hand them his passport. Where the captain becomes aware of the matter only after departure he shall notify the said authorities of the missing passenger’s identity by cable and send his travel document by the quickest possible means from the first port or airport he reaches;

(e) The nationals of States bordering the territory of the kingdom, in respect of entry into areas bordering such States, provided that they obtain a special authorization, called a border-crossing authorization, in a accordance with the provisions of agreements concluded for this purpose with those States;

(f) Persons exempted by virtue of international agreements to which the kingdom is a party, subject to the scope of such agreements;

(g) Persons serving in the Jordanian armed forces;

(h) Persons exempted by the Minister on account of special considerations connected with international or humanitarian courtesy or of the right to political asylum or yet in application of the principle of reciprocity (article 29).

The following shall be exempt from the payment of residence permit fees:

(a) Foreigners working as nurses in government hospitals;

(b) Students admitted to Jordanian schools, institutes and universities;

(c) Technical experts engaged by the Government;

(d) Arab nationals, on the basis of reciprocity.

 

Penalties and Violations:

Any person entering the kingdom in violation of Articles 4 and 5 of this Law shall be arrested without further notice and shall be brought before the administrative authority which may either order his expulsion or recommend the Minister to grant him a residence permit or yet refer him to a first instance. On conviction by the Court, he shall be liable to a term of imprisonment of between one and six months or to a fine of between 10 and 50 dinars, or to both penalties (article 31).

 

The competent administrative authority may, after the Court has passed judgment on a foreigner, order his expulsion from the kingdom or recommend the Minister to grant him a residence permit. (article 32). A vessel captain, an aircraft pilot, a car driver or any other carrier who disembarks persons in the territory of the kingdom at places other than designated ports, airports and border check-points, or who assists persons not holding lawful passports or documents bearing entry visas in entering the kingdom shall be liable to imprisonment for a term of between one and six months or to a fine of not less than 10 dinars and not exceeding 50 dinars, or to both penalties. The Minister or his deputy may order a vessel captain, an aircraft pilot, a car driver or any other carrier to take back to their point of departure persons whom he unlawfully brought into the kingdom, either by the same means of transport or at their own expense (article 33).

 

Any foreigner who enters the kingdom lawfully but who fails to obtain a temporary residence permit or who overstays his permitted period of residence shall be liable to a fine of 45 Dinars for each month overstayed or any part thereof, i.e. one and half Jordanian Dinars for every single day in which he has exceed his legitimate stay in the kingdom. Any foreigner who fails to apply for the renewal of his residence permit within one month of its date of expiry shall be liable to a fine of 15 Dinars for each month overstayed or any part thereof. The Minister may, on the proposal of a committee of the General Secretary of the Ministry and the Director of the Directorate for Naturalization and Foreigners, exempt a foreigner from the said fines, provided that they do not exceed 250 Dinars. When the amount exceeds 250 Dinars, such exemptions shall be subject to an order of the Prime Minister based on a proposal by the Minister and a recommendation by the committee (article 34). Any company or employer employing a foreigner not holding a residence permit shall be liable to fine of not less than 50 Dinars and not more than 75 Dinars for each illegal worker thus employed. This provision does not apply to experts engaged by companies operating in the kingdom for the purposes of technical consultancy, provided that their stay does not exceed three weeks and that they obtain prior authorization from the Directorate before their arrival (article 35).

 

Any violation of the provisions of this Law for which no specific penalty is prescribed shall be punished by imprisonment for a term of between one week and one month or by a fine of not less than 10 Dinars, or by both penalties (article 36).

 

The Minister may, on a proposal of the Director of Public security, deport a foreigner; he may also order the temporary suspension of deportation procedures in respect of a foreigner whose expulsion has been decided. A foreigner who has been deported shall be authorized to return to the territory of the kingdom only by special permission of the Minister (article 37).

 

The Minister may foreclose the security provided for in Article 27 in the event of a violation of its provisions (article 38).