Jordan: Availability of permanent residence for foreign investors and business owners, including rights for those individuals (2015-November 2016)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Availability of Permanent Residence for Foreign Investors and Business Owners

Sources indicate that residence for foreigners in Jordan is governed by Law No. 24 of 1973 on Residence and Foreigners' Affairs (Associate 22 Nov. 2016; Attorney 20 Nov. 2016). A copy of the law is attached to this Response. However, in correspondence with the Research Directorate, an attorney and legal consultant based in Amman, who works in a variety of fields of law, including issues pertaining to citizenship and refugee status, stated that the Law "does not address 'permanent residency' […] as such" (Attorney 20 Nov. 2016).

Article 22 of the Law states:

1. A residence permit shall be valid for one year and be renewable subject to the requirements prescribed in this Law.
2. 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. (Jordan 1973, art. 22).

Article 26 of the Law provides the following:

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:

1. 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;
2. 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;
3. A person who has come to the Kingdom to invest capital in commercial or industrial ventures approved by the Ministry for the National Economy;

[…] (Jordan 1973).

In correspondence with the Research Directorate, an associate at an Amman-based law firm with experience in citizenship and immigration law stated that, in addition to the requirements of the Law, "the Minister of Interior may require a foreigner to provide security to cover such financial obligations as he may incur and to guarantee his departure from Jordan on the expiry of the residence permit granted to him," adding that "the Ministry of Interior's requirements vary depending on [the reasons for residence provided by the Law]" (Associate 22 Nov. 2016).

The same source further explained that,

[i]f the foreigner wishes to obtain a residency permit on the basis of having a business or investment, [the] foreigner shall apply to the Ministry of Interior/ the Directorate of Public Security/Division for Residence and Foreign Affairs with [a] bank deposit proof with an amount of JD20000 (twenty thousand) Jordanian Dinars [approximately C$37,814]. [It is at] the Ministry's sole discretion to decide whether to grant the foreigner the residence permit after obtain[ing] the necessary security checks, bank deposits and guarantee. (ibid.)

Without providing details, the Associate further stated in another correspondence that these additional requirements were "internal instructions" at the Ministry of the Interior (ibid. 23 Nov. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Rights for Foreign Investors and Business Owners

According to the attorney, "[a]ny non-Jordanian resident in Jordan cannot, strictly legal[ly], have access to public health centers or public schools. Access is limited to Jordanians. A non-Jordanian can go to private hospitals, clinics or schools" (20 Nov. 2016). A 2011 report on Jordanian Women married to foreigners, which was funded by the European Union and prepared by the Information and Research Center of the King Hussein Foundation (IRCKHF) [1], states that "[a]ccess to health care aid is currently reserved exclusively for citizens with national numbers" (IRCKHF 2011, 37). Further and ccorroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] The IRCKHF is an organization that "promotes the welfare of children, youth, women, families, communities, and vulnerable groups by providing objective, multidisciplinary research and analysis to practitioners and policymakers in Jordan and the Middle East, enabling effective socio-economic planning and decision-making" (ibid. n.d.).

References

Associate, Amman. 23 November 2016. Correspondence with the Research Directorate..

Associate, Amman. 22 November 2016. Correspondence with the Research Directorate.

Attorney, Amman. 20 November 2016. Correspondence with the Research Directorate.

Information and Research Center, King Hussein Foundation (IRCKHF). 2011. Reversing the Gender Bias Against Jordanian Women Married to Foreigners. [Accessed 25 Nov. 2016]

Information and Research Center, King Hussein Foundation (IRCKHF). N.d. "About Us." [Accessed 28 Nov. 2016)

Jordan. 1973 (amended 1987). Law No. 24 of 1973 on Residence and Foreigners' Affairs. [Accessed 23 Nov. 2016]

Additional Sources Consulted

Oral sources: Adaleh Center for Human Rights Studies; Amman-based law firm.

Internet sites, including: Amnesty International; ecoi.net; Euro-Mediterranean Human Rights Network; Factiva; Freedom House; Human Rights Watch; Information and Research Center, King Hussein Foundation - HAQQI; International Labour Organization - NATLEX; IRIN; Jordan - The Official Site of the Jordanian e-Government; Jordan Times; Lexis Middle East Law; UN - Office of the Hoigh Commissioner for Human Rights, Refworld; US - Department of State, Library of Congress; The World Law Guide.

Attachment

Jordan. 1973 (amended 1987). Law No. 24 of 1973 on Residence and Foreigners' Affairs. [Accessed 23 Nov. 2016]