Jordan: Law No. 24 of 1973 on Residence and Foreigners' Affairs
|Publisher||National Legislative Bodies|
|Publication Date||1 January 1973|
|Cite as||Jordan: Law No. 24 of 1973 on Residence and Foreigners' Affairs , 1 January 1973, available at: http://www.refworld.org/docid/3ae6b4ed4c.html [accessed 24 July 2014]|
|Comments||This is an unofficial consolidation. Last amendment included here is the Law No. 23 of 1987 dated 27 July 1987.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
This Law may be cited as the Residence and Foreigners' Affairs Law, 1973 and shall come into force one month after its publication in the Official Gazette.
In this Law, except where the context otherwise requires, the following expressions and words shall be understood to have the meanings given to them below:
"The Kingdom" means the Hashemite Kingdom of Jordan; "The Ministry" means the Ministry of Internal Affairs; "The Minister" means the Minister of Internal Affairs; "The Directorate" means the Directorate of Public Security/Division for Residence and Foreign's Affairs; "The Director" means the Director of Public Security; "The administrative authority" means the Governor or province governor or the district director; "Foreigner" means any person who does not possess Jordanian nationality; "Border officials" means officials whose duty is to register foreigners at the borders and to stamp their passports.
(a)A Department for Residence and Foreigners' Affairs shall be established within the Directorate of Public Security at the Ministry. The personnel of the said Division shall be subject to the laws, regulations, duties and instructions applicable to the Public Security Force.
(b)Other competent departments and authorities shall participate and cooperate with the Directorate in applying the provisions of this Law.
(c)The Border Officials shall carry out such instructions and decrees as are made by the Minister or the Director for the purposes of applying the provisions of this Law.
Chapter 1 - Entry of foreigners
(a)A foreigner shall be authorized to enter or leave the Kingdom provided either that he holds a valid passport or travel document issued by his country, recognized by the Government of the Kingdom and bearing an entrance or exit visa, or that he holds a travel document issued by the Government of the Kingdom on account of his residence in Jordan, without having a passport or a travel document issued by a Government.
(b)Travel documents shall be understood to include laissez-passers issued by the United Nations to its officials and international laissez-passers issued by States to Stateless persons or refugees residing in their territory. However, the validity of the latter documents shall be recognized only if they bear a visa entitling the holder to return to the issuing country. The same applies to identity cards provided for under agreements concluded with other countries.
(c)International laissez-passers shall be issued to the following categories of persons: 1. Stateless persons and persons with no established nationality; 2. Refugees recognized as such; 3. Persons with an established nationality but who cannot obtain travel documents from their own country or from their country of residence for reasons to be appreciated by the competent Jordanian authorities; 4. The wives and minor children under 16 years of age of persons in the above categories, who do not have an established nationality.
(d)The Minister may exempt the nationals of any foreign State from the requirement that they should obtain a visa or bear a passport on entering the Kingdom.
A foreigner may lawfully enter or leave the Kingdom by land, by sea or by air, provided that he does so via the Jordanian border check-points or ports or airports designated for this purpose and that a border official stamps his passport or equivalent document.
Where a foreigner enters the Kingdom otherwise than via the points and roads designated for this purpose for reasons of force majeure, such as an emergency landing or entry where there is no border check-point or yet political asylum, the said foreigner shall report in person to the nearest branch office of the Directorate or to any competent security post within 48 hours at the most.
Vessel captains, aircraft pilots, car drivers and other carriers shall, on arrival to or departure from the Kingdom, disembark their passengers at designated ports or border check-points and shall submit to the competent official a list of the names and particulars of their passengers. They shall, furthermore, notify to the competent authorities the names of passengers not holding passports or equivalent official travel documents and shall forbid such passengers from disembarking or from embarking onto their vessel or aircraft or other means of transport, except with the approval of the competent authority.
A foreigner shall, before his final departure from the Kingdom, hand back to the Directorate or to one of its branch offices his residence permit together with any other permits granted to him. In the event of his return to the Kingdom before the expiry of his residence permit, he may recover the said permit provided that his residence abroad did not exceed six months.
The types of visas, their duration, conditions and procedures for granting them, exemptions from visa requirements and visa fees and exemptions from such fees shall be specified in regulations to be made for these purposes.
The Minister shall, on a proposal by the Director, specify by decree the forms and particulars of travel documents granted to certain categories of foreigners, refugees and emigrants, and the conditions and procedures for granting them.
Chapter 2 - Registration of foreigners
Any foreigner entering the Kingdom shall, within three days of his arrival, report in person to the Directorate or to one of its branch offices or yet to the local police station and shall make a statement specifying his personal status, the reason for his presence in the Kingdom, the duration of his stay, his domicile, his chosen place of residence, the date of commencement of his residence and such other particulars as must be included in the special form to be filled out for this purpose. He shall furthermore submit such documentary evidence as may be required in support of his statement. Persons holding a transit visa, or pilgrimage visa or a tourist visa for a specified period shall be exempt from this requirement.
In the event of a change of residence, a foreigner shall give prior notice of his new address to the Directorate or one of its branch offices or to the local police station, and, where he moves to another part of the Kingdom, he shall, within 48 hours of his arrival at his new place of residence, report in person to the branch office of the Directorate or to the police station of the town to which he has moved. This provision shall not apply to foreigners holding a transit visa or a tourist visa.
The Director or his deputy may exempt a foreigner from the reporting requirements provided for in the preceding two articles on account of special considerations or valid grounds to be appreciate by him, in which case the required statement shall be made in writing in the form prepared for this purpose and shall be delivered to the Directorate or police station within 48 hours of entry into the Kingdom.
The managers of hotels, guesthouses and similar establishments and any person providing or renting lodging or accommodation to foreigners shall, within 48 hours of the time of arrival or departure of a foreigner, notify the foreigner's name and address to the Directorate or one of its branch offices or to the police station covering the area where the foreigner resides.
(a)A foreigner shall, throughout his stay in the Kingdom, submit his passport or equivalent document and any other papers to the competent authorities on request and shall state any particulars he is asked to give and shall, on request, report to the Ministry or to any Department thereof within such time limits as may be prescribed.
(b)A foreigner shall, in the event of the loss of or damage to his passport or equivalent document, notify the Directorate or a police station thereof within 48 hours of the said loss or damage.
(a)No Jordanian national or Jordanian company or body shall employ a foreigner unless he has a permit to reside in the Kingdom. This requirement shall not apply to experts called for a practical or technical purpose, provided that their period of engagement does not exceed three months.
(b)Any person employing a foreigner shall notify the Directorate or one of its branch offices or yet the police station covering his workplace accordingly in the appropriate form, within 48 hours of the foreigner's effective engagement.On termination of the foreigner's service, such person shall notify the Directorate or the police station thereof, within 48 hours of the said termination.
Other competent departments and authorities shall report to the Directorate all matters pertaining to foreigners in the Kingdom.
Chapter 3 - Residence permits
Any foreigner staying or wishing to stay in the country must obtain a residence permit in accordance with the provisions of this 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, either grant or refuse a foreigner's application for a residence permit or yet cancel a residence permit already granted to him and order him to leave the Kingdom without explanation.
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, extend 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.
A foreigner's application for a residence permit shall satisfy all the requirements prescribed in this Law and 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.
(a)A residence permit shall be valid for one year and be renewable subject to the requirements prescribed in this Law.
(b)The Minister may, on a proposal of the Director, grant a residence permit for five years to a foreigner who has lived lawfully in the Kingdom for 10 years.
The fee for a residence permit shall be ten Jordanian dinars for the first year, and the fee for its renewal shall be six Jordanian dinars for each year thereafter.
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.
The children of a foreigner shall, 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.
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 Labour 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.
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.
The Director may renew residence permits each year in accordance with the provision of this Law.
Chapter 4 - Exemptions
The provisions of this 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 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.
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.
Chapter 5 - 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 Justice of the Peace.On conviction by a 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.
The competent administrative authority may, after the Court has passed judgement on a foreigner, order his explusion from the Kingdom or recommend the Minister to grant him a residence permit.
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.
(a)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 ten dinars for each month overstayed or any part thereof.
(b)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.
(c)The Minister may, on the proposal of a committee composed of the Secretary of the Ministry and the Director of the Department for Foreigners, exempt a foreigner from the said fines, provided that they do not exceed 100 dinars. When the amount exceeds 100 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. NOTE: As amended by Provisional Law no. 37 of 1 20 of 1982, and Law no. 23 of 1987.
Any company or employer employing a foreigner not holding a residence permit shall be liable to a 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.
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.
The Minister may, on a proposal of the Director, expel a foreigner; he may also order the temporary suspension of expulsion procedures in respect of a foreigner whose expulsion has been decided. A foreigner who has been expelled shall be authorized to return to the territory of the Kingdom only by special permission of the Minister.
The Minister may foreclose the security provided for in Article 27 in the event of a violation of its provisions.
The Minister may delegate all or some of his powers, as provided for under this Law, to any competent official.
The Council of Ministers may make such regulations as may be required to give effect to the provisions of this Law.
This Law repeals the Foreigners' Law of 1927, as amended, and any other legislation to the extent that it is inconsistent with the provisions of this Law.
The Prime Minister, the Minister of Internal Affairs, the Minister of Justice, the Minister for the National Economy and the Minister of Social Affairs shall be entrusted with the application of the provisions of this Law.