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QIP Foreign Employee Minor Child Temporary Stay

CambodiaFamily

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Cambodia Read the five questions ↓

Which family relationships qualify?

Children who are minors of a foreign employee. Article 22(3) of the 2021 Law on Investment covers temporary long-term stay permits for foreign employees and their spouses and children who are minors.

See recorded sources
  • chars 16021-16201
    The right to request temporary long-term stay permits for foreign employees and their spouses and children who are minors during the valid period of the employment contract.

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

The Investor, not the employee, holds the right: Article 22 lists among the rights of a person considered an Investor under the Law both the right to hire foreign employees to manage or operate an Investment Project, and the right to request temporary long-term stay permits for those foreign employees and their spouses and minor children.

See recorded sources
Limits of the record
  • The Law defines 'Investor' in Article 3 as a person carrying out an investment project registered with the Council for the Development of Cambodia or a Municipal-Provincial Investment Sub-Committee; that definition sits in a different article, outside this citation.
  • The Law does not say whether the foreign employee may make the request themselves if the Investor does not, nor what happens to the child's permit if the Investor ceases to request it.
  • chars 15330-16201
    A person who is considered as an Investor pursuant to this Law has the following rights: 1. The right to hire foreign employees to manage or operate an Investment Project within a quota not exceeding the number stipulated by the laws and regulations in force in the event that it is not possible to find qualified Cambodian employees to manage or operate the Investment Project. The permission to hire foreign employees is based on current circumstances and is not permanent. 2. The right to obtain a temporary long-term stay permit for oneself, spouse and children who are minors during the period when the Investment Project is operating. 3. The right to request temporary long-term stay permits for foreign employees and their spouses and children who are minors during the valid period of the employment contract.

What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

The checked official sources did not provide enough route-specific evidence to confirm how parentage, custody or the child's relationship to the foreign employee must be proved. The Law on Investment provides that the formalities and special procedures for applying for a temporary long-term stay permit under Article 22 are to be determined by a separate Sub-Decree.

See recorded sources
Limits of the record
  • The separate Sub-Decree that sets those formalities is not among the captures, so what actually proves parentage, custody or minority for this route is unknown.
  • The certification letter that Article 22 does provide for certifies investment status for the persons involved in the Investment Project, not the family relationship.
  • chars 16846-17003
    Formalities and special procedures for applying for a temporary long-term stay permit as stated in this Article shall be determined by a separate Sub-Decree.

What important financial, accommodation, insurance or maintenance responsibilities apply?

The checked official sources did not provide enough route-specific evidence to confirm the financial, accommodation, insurance or maintenance requirements.

See recorded sources
Limits of the record
  • Looked for financial, accommodation, insurance or maintenance conditions on the minor child of a QIP foreign employee. Article 22 grants the right to request the permit and attaches no funds threshold, no accommodation condition, no insurance requirement and no maintenance undertaking. Read the whole Law on Investment capture: its financial provisions concern investment incentives, guarantees, capital repatriation and nullification of projects, and none of them conditions a family stay permit on means or support. The CDC handbook's restatements of these rights (in its 'Rights of investors' and 'Foreign employees' sections) add no support condition either.

How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?

The permit runs for the valid period of the employment contract. The application is made using a letter that the CDC or the Municipal-Provincial Investment Sub-Committee issues, at the Investor's request, certifying the investment status of the persons involved in the Investment Project, to be used for applying for a temporary long-term stay permit, work permit, employment book and other necessary purposes in accordance with the procedures in force. The official source states no work, study or healthcare right for the child and no path to independent or longer-term status.

See recorded sources
Limits of the record
  • The Law states no rights for the child - no schooling, healthcare or work entitlement - and no renewal mechanism beyond the employment contract remaining valid.
  • It states no progression from this temporary long-term stay permit to permanent residence, to an independent status or to citizenship.
  • What happens to the child's permit when the employment contract ends is not stated.
  • chars 16021-16659
    The right to request temporary long-term stay permits for foreign employees and their spouses and children who are minors during the valid period of the employment contract. 4. The right to obtain a work permit and employment book for oneself and foreign employees. The CDC or the Municipal-Provincial Investment Sub-Committee shall issue a letter to certify the investment status for the persons involved in the Investment Project at the request of the Investor to be used for applying for a temporary long-term stay permit, work permit, employment book and other necessary purposes in accordance with the procedures in force.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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