1- On what basis rely the legal existence of Syrian refugees in Jordan?
The legal existence of Syrian in Jordan is subject to the memorandum of understanding signed between Jordan from one side and UNHCR from the other side in April 1998 and then memorandum forms the political frame of the existence of the Syrian refugees. This memorandum states on commitment of Jordan towards the standards of international protection for refugees.
3- What is the financial cost for issuing work permits whether agricultural or constructional permits regarding Syrians?
The cost of agricultural work permit is about 13 JOD and they are paid for charges and stamps. While the cost of issuing the constructional work permit is about 54 JOD which are also for charges and stamps and this amount include a part that goes to a private insurance company that pays compensation in case the worker face a work injury.
5- Is it allowed for the Syrian refugees to subscribe in the social security institution in Jordan?
Yes, the Syrian workers are subject to the Jordanian labor law thus they are allowed to subscribe in social security institution and they also have the right to withdraw the accruals of social security at the end of their work or any time you want to do so unlike the Jordanian workers who only have the right to withdraw their accruals after the end of their work.
7- Do the Syrians in Jordan have the right to get a residency card?
Yes, it's allowed for the Syrians to apply with a request to issue residency in Jordan if the Syrian was an investor whether from category A or category B.
9- Are documents issued from the Syrian Coalition of Revolutionary and Opposition Forces or issued from Interim Government accepted in Jordan?
No- Any documents issued from Coalition or the Interim Government or directorates related to them don’t get accepted whether they were study certificates or civil statements or marriage certificates or family records and thus no Syrian has a right to use or benefit from these documents.
11- What is the penalty of customary marriage according to the Jordanian law?
The Jordanian law doesn’t admit any marriage unless its contract was written in front of one of the religious court in Jordan and any procedure outside the frame of the court is regarded illegal and requires accountability. Consequently resorting to the marriage contract in its form that is popular in Syria through a religious person or what is called the customary marriage in Syria outside the court is a crime according to the Jordanian law. And the penalty of such marriage is a fine of 1000 JOD and one to three months in prison for the parties of the contract, the witnesses and the religious person.
13- Does the rules of customary marriage and its penalty apply on the couples that got married and gave birth to children in Syria before coming to Jordan?
No, the Jordanian project didn't concentrate on this incident as it only punishes on the customary marriage that occurred on the Jordanian land, thus the Syrians who brought children and got marriage in Syria before coming to Jordan has the right to go to the competent Jordanian judiciary to register their marriage and the parentage of this children and shall not fear the punishment of customary marriage as long as the contract with originally written outside Jordan.
15- Does the Syrian worker have the right to raise his labor claim and follow it by himself without the need for a Jordanian attorney and in front of which court can he raise his claim?
Each Syrian has the right to raise his claim in front of the Magistrate Court and he can follow his claim by himself whether he was legally or illegally present on the Jordanian land and whether he has a work permit or not provided that the amount of money he is claiming isn’t more than 1000 JOD and in case he is claim an amount of money that is more than 1000 JOD, he will have to get a lawyer to raise this claim and this is the applicable law in Jordan as there is a condition of getting a lawyer to raise a claim to demand wages that its value exceeds 1000 JOD whether the claimant was Syrian or Jordanian.
17- Does the Syrian lessee have the right to evacuate the leased property before the end of contract without being committed to pay the accruals resulted from ending the contract before the period stated in the contract?
Based on the principle of pacta sunt servanda, the lessor has the right to demand the rent of all the contract’s period whether the leased property were invested or evacuated before the stated period but it’s better to inform the lessor by the Syrian about his wish of ending the contract before the estimated period and specify the reasons for doing so.
19- Do the Syrians that exist on the Jordanian land have the right to own and drive a car?
Jordan is one of the countries that is strict about owning cars on its lands by any foreigner whether he was a Syrian or from another nationality. It’s only allowed for investors to own cars so the Syrians will be allowed only to drive touristic cars unless they are investors.
21- What is the age of marriage in the Jordanian law and are there exceptions followed in Jordan that can be used?
Regarding the age of marriage in the Jordanian law it's sixteen calendar years and there are no exceptions for this condition and violating it is a crime that require punishment by law.
23- What are the types of Syariah Courts that regulate the civil affairs law in Jordan and are they on two types as they are in Syria?
Regarding Syariah or Religious courts in Jordanian law, they have three types: The first one is the Religious court whose decisions gets appeals in front of the Court of Appeal and then in front of the High Religious court of Justice. And regarding the divorce and separation cases, they get referred automatically, after the issuance of judgment by the Religious court, to the Court of Appeal even if the parties of dispute didn’t ask for appeal.
25- What is the difference between the two categories of investment A and B?
Category A of investment gets issued from the Investment Department and those who want to get it should deposit two hundred thousand JOD and it’s only available for foreigners that live on the Jordanian lands. As for category B of investment, it’s a legislation for Syrians that live in Jordan. Any Syrian person that wants to get the description of an investor has to deposit twenty thousand JOD and he can issue this category from the commerce chamber in the governorate where he lives.
27- Are all the jobs that rely on university certificates closed in front of Syrians that live in Jordan?
Yes, all jobs and professions that require scientific qualifications are closed in front of Syrians except for engineering work, as the Syrian engineers that exist in Jordan has the right to practice their work and open engineering office based on the principle of reciprocity of treatment agreed on between the two countries. This happened when the Syrian and Jordanian engineers guilds entered into an agreement that allows their members to practice the profession in any of the two countries.
29- Are there deportation cases for Syrian refugees in Jordan?
Before the fall of the South and getting controlled by the regime forces there were libel cases for specific persons that committed crimes on the Jordanian lands and they were getting deported to the areas under the control of the opposition. And after July 2018 the libel and deportation cases for any Syrian that exist in Jordan stopped and the Syrian criminals get moved to Al-Azrak camp.
2- What are the types of work permissions in Jordan that are allowed for the Syrian refugees?
After the donors conference held in London in 2016, Jordan started to give free work permissions for the Syrians after the agreement of simplifying origin of rules between Jordan and countries of the European Union. These simplifications were gradual in giving permits starting from limiting them in the ministry of labor to allowing to grant them through specific associations. The permits vary between:
4- Can the carrier of agricultural or constructional work permit leave the camps without getting a permission from the management of the camp?
Yes, they can leave the camps they live in for a complete month relying on these permits without getting a permission from the management of the camp.
6- Do the Syrians that live in Jordan have the right to travel to another country and return to Jordan?
Yes, but only in specific conditions which are:
Other than these cases you should request a travel approval from the Jordanian ministry of the interior and if you didn’t receive written approval within 15 days from the date of application, it will be considered rejected.
8- Do the Syrians in Jordan have the right to own a property in Jordan?
Yes, it’s allowed for Syrians to own properties whether houses or companies or commercial shops or lands provided that he has an investor card whether from category A or category B.
10- What is the purpose behind the Jordanian project of making the female that is about to get married to swear that she is still virgin or not?
Of course according to the Jordanian jurisdiction regarding the law of personal status and within the procedures of completing the marriage contract, it's a must that the judge make the wife swear an oath that she is still virgin and never got married before. And the purpose behind that: In my opinion the purpose is to value the concept of marriage especially if the female got married before to another person and got divorced and in this case it’s a must to make sure that the period of grace has ended and she doesn’t carry any pregnancy.
12- Can the Syrian woman that exist in Jordan with her children resort to the Jordanian judiciary in order to get a custody decision for her children? How can this be done?
Yes, the Syrian woman that has documents that proves that they are her children can resort to the judiciary to get a decision of custody on her children provided that she proves that her husband isn’t present on the Jordanian land and bring two witnesses to prove that. After that she will get a decision of temporary custody for one year only.
14- Does the Syrian worker who doesn’t have a work permit have the right to claim his due wages with the employer?
Yes, the Syrian refugee has the right to claim his due wages even if he doesn’t have a work permit as the competent court will look into the claim without committing the Syrian to provide the work permit to reinforce his claim.
16- In case the lease contract ended and the owner of the leased property didn’t demand to evacuate nor asked to increase the rent, does this make the contract automatically renewed on the same terms?
Yes, the Jordanian law works pursuant to the principle of pacta sunt servanda regarding lease contracts so the lessor has to notice the lessee at least before one month from the end of contract with his wish whether to end the contract in the specified period or to continue under a condition of increasing the rent otherwise the contract will be regarded automatically renewed on the same previous terms.
18- Is getting the card of UNHCR is a right for each Syrian on the Jordanian lands?
No, the card of UNHCR is limited to the Syrians that illegally entered the Jordanian lands so any Syrian that legally entered Jordan won’t have the right to get and benefit from the card of UNHCR.
20- What are the documents needed to get the UNHCR car in Jordan?
Of course as we mentioned previously the UNHCR is a right for the Syrian refugee that entered Jordan illegally and regarding the documents of the UNHCR card, it’s the Syrian personal documents so anyone person that has the Syrian family card can get the UNHCR card. All the Syrian documents of identities and passports even if they were expired can enable their holder to get the UNHCR card. After 2017 it became required to have a Jordanian security card which is known as the card of serving the Syrian community to be able to get the UNHCR card.
22- What is the judgment if the age of the wife is less than 16 years old?
In this case according to the Jordanian law we are facing a rape crime or what is known in the Jordanian law a crime of having sex with a minor female and in this case both wife and husband get detained and the punishment might sometimes reach death sentence or life in prison. And if this marriage resulted in a baby, the child will be taken from his mother and regarded illegitimate.
24- What is the method collecting alimony and will the wife be able to imprison her husband or ex-husband in case he didn’t pay pursuant to the Jordanian law?
Yes, the wife has the right to put the alimony decision issued from the Religious court into implementation. And since the alimony is collected periodically and monthly, she has the right to ask to put the husband in jail in case he didn’t pay the alimony and the law enforcement department shall imprison him for ninety days in the single year. In case he continued in his refusal to pay the alimony, the wife can go to the alimony credit fun as the management of the fund pays the due alimony and she can demand the husband to pay it later.
What are the advantages that the Syrian person who live in Jordan can get from getting registered in the commerce chamber and getting the description of an investor?
Syrians who have the investors’ card can travel outside the kingdom of Jordan and return to it and they have the right of real estate ownership and also cars ownership.
28- Can the Syrians that live outside the Jordanian lands travel to Jordan and under which conditions?
Yes, the Syrians have the right to travel to Jordan but they must submit a request through the website of the Jordanian Ministry of the Interior and this request shall be regarded rejected if the applicant didn't receive a reply within 15 days from the date of submitting it.
30- Do the Syrians that want to raise legal claims and follow them without the need to have an attorney?
Yes, according to the Jordanian law any party can raise legal claims and follow them by himself without the need to have an attorney. But in case he wanted to appeal for a decision, he will have to have an attorney as one of the conditions for appeal claims is to submit it exclusively through a lawyer.
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