Immigration law in Afghanistan

Afghanistan distinguishes, among others, between entry, business, service, student, visitor, transit, residence and work visas. Applications usually run through an Afghan embassy or consulate; an online form or electronic visa is available only if it has been enabled for the respective application. The diplomatic mission often requires the original passport, a form, two passport photographs measuring 5 × 4 centimeters, proof of payment and further documents. The passport should generally remain valid for at least six months and contain blank pages, although the specific mission may impose additional requirements. An entry visa usually requires an invitation from a company or institution operating and licensed in Afghanistan, as well as an official letter and approval from the Ministry of Foreign Affairs. It typically remains valid for three months and permits a stay of one month; the published fee is 100 US dollars. Depending on the case, business visas may be valid for one month to three years and, according to the published information, cost 40 to 300 US dollars. For a student visa, the responsible authority typically requires an agreement with a recognized university and educational documents; the fee ranges from 40 to 100 US dollars. Electronic visas often apply to a single entry, with validity of up to three months and a stay of 30 days. A residence visa is a formal category for a longer or subsequent stay after a service, business, entry, student or crew-member visa. An extension may be requested through the Consular Directorate of the Ministry of Foreign Affairs in Kabul. However, a residence visa does not automatically permit employment, family reunification or permanent settlement. Separate procedures apply to work visas and work permits for foreign employees; the Ministry of Labor coordinates these with the Ministries of Foreign Affairs and Interior. An employer or institution letter, a reference or approval from the Ministry of Foreign Affairs, the passport and, depending on the mission, a bank statement may be required. Employment on a tourist visa is intended to be prevented under the published requirements. An exception may apply to foreign passport holders of Afghan origin. The Ministry of Foreign Affairs refers to visa-free entry where the place of birth is Afghanistan or where the person presents an Afghan identity card (Tazkira), an Afghan passport or an identity document issued through an Afghan diplomatic mission. This entry does not automatically establish Afghan nationality or a permanent right of residence. Former Afghan nationals who have renounced their nationality are generally treated as foreign nationals for entry purposes. A generally published national route to family reunification as a residence status has not been established. Individual missions offer functional solutions; for example, the diplomatic mission in Abu Dhabi refers to a family visa valid for one month to one year with multiple entry and a fee of 10 US dollars. An identity card or marriage certificate and a bank statement may be required. A foreign spouse of an Afghan national may apply for nationality after a marriage under Islamic law without being subject to the residence period of more than five years stated in the law. This application also does not automatically grant a right of residence. For the protection of refugees and asylum seekers, no verified state equivalent of an asylum authority exists. Afghanistan has been a party since August 2005 to the 1951 Refugee Convention and the 1967 Protocol, but the national asylum law remained a draft according to the researched status. The UN Refugee Agency (UNHCR) performs the functional registration of foreign asylum seekers and refugees in Afghanistan, rather than acting as a state asylum authority. Registration runs through the current contact procedure; the published reception hours in Kabul are Mondays and Wednesdays from 8:30 to 12:30 at the ICON Compound (official reception site). UNHCR services are free, but guarantee neither departure nor evacuation. Access to protection, education and employment opportunities remains limited, and UNHCR documents are recognized by the de facto authorities only on a case-by-case basis. A separate publicly documented permit for permanent residence does not currently exist. The residence visa remains time-limited and must not be equated with naturalization. The Citizenship Law of the Islamic Emirate of Afghanistan of 2000 generally requires foreign applicants to be at least 18 years old, submit an application, have resided for more than five years and have no criminal record during the residence period. The law does not list exclusions based on ethnicity, language, gender or educational level. Dual nationality is excluded by law. Applications run through the Ministry of Foreign Affairs; the citizenship application form (Engate) may require identity witnesses. The responsible commission includes the Supreme Court, the Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Interior and the General Directorate of Intelligence. Final naturalization is granted by a decree of the Amirul Momenin (supreme leader's title). The Ministry of Foreign Affairs or the responsible diplomatic mission decides on visa issuance and extensions. A current generally published complaint deadline, national appeal procedure or fixed processing period has not been verified. In practice, an applicant may inquire with the issuing mission or the Ministry of Foreign Affairs and seek case-specific legal advice; this does not establish automatic judicial review. UNHCR provides free legal advice in Kabul, Herat, Paktika, Paktia, Khost, Ghazni and Kunduz for refugees, asylum seekers and certain internally displaced persons and returnees. Processing times depend, among other things, on appointments, approvals and security or administrative checks.