Can foreign workers in Vietnam for 2 years be granted permanent residence cards?
According to Clause 3 Article 39 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, regulations regarding cases eligible for consideration for permanent residence include: Foreigners who are sponsored by their father, mother, wife, husband, or children who are Vietnamese citizens currently residing in Vietnam.
Therefore, as you and your spouse are married, and you are a Vietnamese citizen currently residing in Vietnam, you can sponsor your husband to apply for a permanent residence card.
Article 40 of this Law stipulates that the conditions for consideration for permanent residence include:
- Foreigners specified in Article 39 of this Law are eligible for consideration for permanent residence if they have legal accommodation and stable income ensuring their livelihood in Vietnam.
- Foreigners specified in Clause 3 Article 39 of this Law must have continuously resided in Vietnam for 03 years or more.
Thus, in the case where your husband has only temporarily resided for 02 years, he does not meet the above conditions. He must wait until he has continuously resided in Vietnam for 03 years to be eligible for consideration for a permanent residence card.
Note: Point a Clause 2 Article 5 of Circular 31/2015/TT-BCA states that the period of temporary residence in Vietnam for foreigners applying for permanent residence will be determined based on the entry and exit stamps issued at the border gate, with a total period of temporary residence in Vietnam of 03 years or more within the 04 most recent years up to the date of application for permanent residence.
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