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QIP Foreign Employee Spouse 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?

The spouse 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 sponsors, not the employee. Article 22 lists among an Investor's rights 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 employees and their spouses and minor children.

See recorded sources
Limits of the record
  • 'Investor' is defined 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 is outside this citation.
  • The Law does not state what immigration status the foreign employee must personally hold before a spouse's permit can be requested, nor whether the employee may request it themselves.
  • 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 the marriage 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
  • That Sub-Decree is not among the captures, so what actually proves a marriage or partnership for this route is unknown.
  • The Law uses 'spouse' without defining it and says nothing about unmarried or registered partners.
  • 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 spouse of a QIP foreign employee. Article 22 grants the right to request the permit and attaches none of these. Searched the whole Law on Investment capture: its money provisions are investment incentives (Articles 24 to 28), guarantees and capital transfer (Articles 15 to 21) and nullification consequences (Articles 31 to 35); none conditions a spouse's stay permit on means, housing or insurance. The CDC handbook's two restatements of Article 22 add no support condition.

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 lasts for the valid period of the employment contract, and is applied for using a letter issued by the CDC or the Municipal-Provincial Investment Sub-Committee, at the Investor's request, certifying the investment status of the persons involved in the Investment Project - the same letter being used for the work permit and employment book. The official source states no work, study or healthcare right for the spouse and no path to independent or longer-term status.

See recorded sources
Limits of the record
  • The Law states no work, study or healthcare right for the spouse. It separately grants work permits and employment books to the Investor and to foreign employees, but not to their spouses.
  • It states no progression from this permit to permanent residence, to an independent status or to citizenship, and no renewal rule beyond the employment contract remaining valid.
  • 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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