*This article is entirely sourced from the website of Aleksov & Memishi Law Office.
In a globalized world, the need for legal regulation of work permits and residency for foreigners in each country, including Macedonia, is growing.
Hiring foreigners differs from hiring Macedonian citizens, as foreign workers must meet specific conditions and obtain a positive opinion on employment from the Employment Agency.
In Macedonia, this process is governed by the Law on Employment and Work of Foreigners, the Law on Foreigners, and related bylaws. Permits are issued for a set duration, which can be renewed before expiration.
Qualified or Unqualified Foreign Worker
When starting the procedure for a work permit and residence in Macedonia, the first step in the procedure is to determine whether the person is a qualified or unqualified worker. The distinction between qualified and unqualified foreign workers relates to the level of expertise and skills required for a specific position.
A qualified worker possesses specific knowledge and skills that meet the criteria for certain professions, especially those requiring a degree, licenses, or certifications. These workers are sought after for their ability to perform more complex tasks, contributing to economic growth and technological advancement in the country.
Conversely, an unqualified worker performs basic tasks that do not require special skills or expertise (e.g., construction or domestic work). Unqualified workers are essential for fulfilling basic labor needs and supporting certain sectors facing labor shortages.
When issuing an employment opinion, the Employment Agency assesses the Macedonian labor market to determine whether the open position can be filled by a local worker. If it’s established that there is a shortage of local candidates for the open position, the condition is met to consider the foreign applicant’s application.
Country of Origin – Entry Visa
The second step in the process of employing foreign workers involves the country of origin, as it affects the need for and conditions of an entry visa. Depending on their country of origin, a foreign worker may be subject to different visa regimes. For citizens of countries with a visa-free regime with Macedonia, the process is simpler since they can enter the country without a visa but still need a work permit to be legally employed.
On the other hand, foreigners from countries not part of the visa-free regime need an entry visa obtained before arrival. This means they need to fulfill both a work permit and entry visa requirements, which can sometimes extend the time required to obtain a work permit.
For each country requiring a visa and information on Macedonian representatives in those countries, see the brochure link: Start a Business and Immigrate to Macedonia.
Required Documentation
To prepare the application for a work permit and residency for a foreigner, the following documents are needed:
A certified copy of the foreigner’s passport (verified, true to the original); the passport should be valid and not set to expire in the upcoming months. Verification can be done at the Macedonian embassy or consulate or through a local notary with an apostille stamp.
Current status of the Macedonian company employing the foreigner, issued by the Central Registry in the original.
Employment contract between the foreigner and the Macedonian company, signed by both parties in the original.
Certificate of no criminal record and proof that there are no criminal proceedings against the foreigner, issued by the home country or country of residence – original issued by the relevant institution, certified with an apostille.
Explanation of the need for employment, describing the reasons why the company requires the proposed foreign worker – in the original, issued and signed by the employing company.
Educational degree of the foreigner, issued by the relevant institution in the home country – original certified with an apostille.
Certificates and recommendations proving the foreigner’s expertise and skills, in copies.
Lease agreement confirming the foreigner will have an address and residence in the country. The lease agreement must be submitted in the original, notarized. It can be concluded by the applicant or the employing company, specifying who will reside, for how long, and for what purpose.
Health insurance proving the foreigner is insured, which can be private travel insurance, proven by the policy.
A properly submitted request for employment mediation at the Employment Agency of the Republic of Macedonia, not older than 30 days.
White card from the police station for registered entry into the country, within 48 hours of entry.
Properly completed and signed application form – request for issuing a temporary residence permit, as prescribed by the Ministry of Interior.
Note: Required documents and verifications may vary depending on the country of origin, so it’s recommended to seek professional advice on the latest changes.
All foreign documents should be translated into Macedonian by a certified court translator and the translation notarized.
Self-check for required documents.
Collecting the necessary documentation for applying for a work permit and residence as a foreigner is not an easy task.Currently, there is no easily accessible information for this process.If the foreigner does not have a legal representative, it is often necessary to go in person to the relevant foreign nationals’ sector at the Ministry of Interior. There, the foreigner can get information on the required documents for applying.In some cases, information about required documents is posted on the walls in the corridors of the relevant sectors of the Ministry of Interior.
However, if foreigners do not know the local language or the location where they need to go to obtain this information, the process becomes even more complicated.
A photograph of the required documents, which can be found posted on the wall in the corridors of the Foreign Nationals’ Sector in Skopje
What Happens After Document Collection?
Once the necessary documents are prepared, they need to be submitted to the sector for foreigners.
In Skopje, this office is located on the 9th floor of the MTV building at the address: Boulevard Goce Delchev 1000, Skopje.
Image taken from kallerna – own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=139707204
Submission of the required documentation by foreigners is done exclusively in paper form, with their physical presence or through an authorized representative. For applying, foreigners often wait in line, sometimes for hours, to reach the office to submit their documents.
Another issue is that there’s no system for taking numbers to ensure orderly processing. Due to this, when there are large crowds, the line often becomes chaotic, leading to dissatisfaction and confusion. This is particularly notable in Skopje, where a large number of foreigners are seeking to regulate their stay for various reasons.
A photograph of a queue in the Foreign Nationals’ Department in Skopje
Application Review
Authorized staff in the foreign sector reviews the submitted documents in paper form and, if everything is in order, accepts them for processing. If there is an issue with the documentation, the case is not accepted, and the documents are returned to the applicant. In that case, the applicant must go through the submission process again to correct or supplement the documents.
If the application and accompanying documents are in order, they are accepted by the office for further processing and sent to the Employment Agency to obtain an employment opinion.
While the procedure is underway, applicants cannot track their case’s progress online or receive an estimated response time. The only way to get information is to visit the relevant office in person, find the officer reviewing their case, and inquire directly about the status, or call the Employment Agency’s foreign sector.
Contact number at the employment agency in Skopje – 023122397
Uncertainty in the Process
Even if the application is accepted with all necessary documents, the permit approval and residency are still uncertain.
According to Article 83 of the Law on Foreigners:
Paragraph 2: “Temporary residence for work purposes will be approved if the Agency issues a positive opinion that the foreigner meets the requirements, unless otherwise specified by an international agreement.”
Paragraph 4: “The Agency is obliged to deliver the opinion from paragraph (2) to the Ministry of Interior within 15 working days from the receipt of the documentation.”
Paragraph 6: “If the Agency does not act within the period specified in paragraph (4), the opinion will be considered negative.”
This article provides the Employment Agency with the possibility of not acting on cases at all. This means if the Agency wants to reject a case, it can simply not act on it. If a negative decision were made, the applicant could challenge it. However, if the Agency issues no decision, the Ministry of Interior makes a decision to deny the case due to the Agency’s inaction. The applicant cannot challenge this decision as it’s not a substantive decision on the case.
Application Approval – Duration
Once the application is approved, the foreign national receives a notification from the Ministry of Interior. If approved, they must visit the sector on designated reception days, per the notification from the Ministry of Interior, for photographing and collecting the residency decision. After photographing, a “temporary residence card” with a Macedonian ID number is issued, granting the foreign national resident status.
After receiving the residence card, the final step is for the company to register the foreign worker in the Employment Agency’s foreign sector. With this registration, the procedure for obtaining residency and work is complete. As an employee, the foreign national must then receive a regular monthly salary and be socially insured.
The total process duration, from the moment the application is successfully submitted for processing, can last between 2–3 months, sometimes even longer.
How is Company Formation Related to the Work Permit and Residence?
Registering a company in Macedonia can be one of the steps in obtaining a work permit. Registering a company alone does not qualify for residency but allows a foreign national to begin business activities in the country. To obtain a work permit and residency, a foreign national wishing to start a business can employ themselves in their own company, simplifying the permit process.
In these cases, the foreign investor registers as the owner and manager of the company and applies for a work permit and residency based on their managerial position. This is a legal and commonly used mechanism that enables foreigners to regulate their stay and work, especially if they intend to stay long-term and grow their business. Obtaining a work permit as an employee in their own company also fulfills residency conditions.
Startup Macedonia’s Initiative
Startup Macedonia has submitted an initiative for the digitalization of this process to the Ministry of Digital Transformation.
The goal of digitalizing the work and residence permit application process for foreign nationals is to significantly improve the business climate.
One of the key expected outcomes is a considerable reduction in the time needed to process applications. Automating the process will shorten the time required for document submission and verification, thereby reducing the administrative burden on institutions and speeding up the permit issuance.
Additionally, digitalization will enable transparency in the process by allowing real-time tracking of application status. This will reduce uncertainty for companies and foreign nationals, who will now have visibility into the progress of their cases. Such a system will also eliminate the need for physical visits to the relevant institutions, thereby reducing additional costs and the time spent on travel and waiting. This will make the process accessible for foreigners from any country.
Conclusion
The process of obtaining a work and residence permit for foreigners in Macedonia is regulated by the Law on Employment and Work of Foreigners, but it remains challenging for many due to its complexity and bureaucratic procedures. The basic division between skilled and unskilled workers plays a significant role in the process, as it affects whether the Employment Agency will issue a positive opinion. This opinion is necessary for the permit’s approval and depends on the current labor market situation, specifically whether there are local workers who could fill the position.
Foreign applicants must submit extensive documentation, including certified copies of passports, certificates of no criminal record, employment contracts, and proof of health insurance, among others. All documents must be submitted in paper form, which creates additional challenges, particularly with long lines and waiting times in the relevant institutions. The lack of transparency in tracking application status is an additional issue, as applicants must physically visit institutions to obtain information, complicating the process and increasing uncertainty.
This situation is particularly present in Skopje, where a large number of foreigners apply for residence and work permits. The lack of digital systems for application submission and status tracking complicates the procedure. Digitalization would reduce processing time, costs, and the need for physical visits to institutions, thereby improving the overall business climate in the country.
Note: This text provides informational content, based on the applicable laws in Macedonia, along with the author’s personal opinion. The content should not be considered professional advice in any part or form.
*This article is entirely sourced from the website of Aleksov & Memishi Law Office.
**Skopje.IN disclaims responsibility for the content of the text, as it is completely sourced from another website.