Relocation from one country to another can cause a huge amount of stress to an individual.
Many concerns, questions, and doubts rise, such as: how to apply for a temporary residence permit? What are the legal grounds for a temporary residence permit? To what period of time can I obtain a visa? What are the conditions for health care, education, for life in general?
In our previous text we tried to answer some of the most common questions related to temporary residence in Serbia.
However, for people with family, the primary question is how to relocate the whole family. This text is dedicated to people that are planning to apply for temporary residence in Serbia along with their families.
Legal ground
When we are talking about submitting a request for temporary residence in Serbia, we have to note that it is mandatory for every applicant to have a legal reason for applying.
The most common legal grounds for temporary residence permit are: employment, company formation, registration of entrepreneurship, education, ownership of real estate in Serbia and family reunification.
If the family is reunifying with a citizen of Serbia, the reunifying itself will be the legal ground. However, what is happening with foreigners that are joining with their family?
Family reunification based on marriage with a Serbian citizen
A foreigner that is married to a Serbian citizen has a legal ground to apply for temporary residence in Serbia based on family reunification. Of course, if the marriage spouses are planning to reside in Serbia.
Apart from the documentation that is mandatory for all foreigners, it is necessary to submit the marriage certificate.
It is important to point out that each citizen of Serbia that has concluded marriage abroad has a legal obligation to register the marriage in the Serbian register.
One of the benefits foreigners married to Serbian citizens have is the right to personal work permit.
In the previous text, we have written about the process of obtaining work permits for foreigners.
We will briefly point out the basic elements of a personal work permit.
A foreigner that has a personal work permit has all employment rights as a Serbian citizen has. That is, the foreigner is not tied to an employer that needs to submit a request for issuing a work permit.
Also, the administrative fee for the temporary residence permit is twice as cheap.
Family reunification based on marriage with a foreigner with approved temporary residence in Serbia.
Previously we have explained the process when one of the marriage partners is a Serbian citizen. However, what rights do foreign spouses have?
Marriage partner of a foreigner with approved temporary residence in Serbia, gains a legal ground to apply for temporary residence permit in Serbia.
Besides other mandatory documentation it is necessary to submit the marriage certificate from the country where the marriage is concluded.
A foreigner that is married to a foreigner that has approved permanent residence in Serbia, also has a right to a personal work permit.
Non-marital union
The constitution of Serbia completely equalizes marital and nonmarital union, therefore non married partners have all rights just as married spouses.
Submitting a request for temporary residence permit on the basis of family reunification equally applies to married and non married partners.
Of course, the documentation that is submitted will differ, so it will be necessary to provide:
- Testimonial of non impediment to marriage for both partners;
- Notarized statement from both partners of existence of common-law union;
- Notarized statement of two adult witnesses of existence of common-law union;
- Other evidence if needed.
To conclude, even though marriage and common-law union are equally recognized, the difference will be in proving the existence of such union.
A foreigner that is in non marital union with a foreigner that has approved permanent residence in Serbia, has the right to personal work permit.
Minor children
Besides marriage, that is non marital spouses, family reunification is of course applicable for underage children.
Minor children are kids under the age of 18 years.
It is important to emphasize that in the case of submitting a request for a temporary residence permit for minor children, both parents need to be present! If it is not possible to provide the presence of the other parent it is necessary to provide a notarized consent of the parent that is not present.
Can the whole family apply at the same moment?
Absolutely yes. When it is said that the family of a foreigner that has approved temporary residence permit or permanent residence in Serbia has the legal ground for submitting a request that means that their requests are directly connected to the holder of residence. Nevertheless, the whole family can apply at the same moment.
We will present further one common example from practice:
„Manuel is a programmer from Cuba who decides to relocate to Serbia and apply for temporary residence permit on the legal grounds of registration of entrepreneurship. Manuel has a wife and two minor children aged 5 and 12. At the moment of registration as an entrepreneur in Serbia, Manuel gains the legal ground to apply for temporary residence permit on the legal ground of employment-registration. Manuel’s wife and children obtain a legal ground to apply for temporary residence on the basis of family reunification with Manuel. From Manuels request will directly depend on the requests of his wife and children. The whole family can apply at the same moment.“
A children from foreigners born on the territory of Serbia
If foreigners that have approved temporary residence in Serbia have a new-born child during their residence in Serbia, they will have a deadline of three months to submit a request for temporary residence permit for the new born child.
Can foreign minor children attend school in Serbia?
Of course. Based on the constitution of Serbia, everyone has a right for education, the primary education is mandatory and free, while middle education is free.
Therefore, all children, foreigners or domestic, have the right to attend school in Serbia. It is important to emphasize that foreign children are not bound by the decision on temporary residence permit to attend school. They can start attending the school before the police decide on their request for a temporary residence permit.
Relocation is a very confusing process at the beginning filled with many uncertainties and concerns. It is recommended to be informed as much as possible and consult with an immigration law expert before starting the whole procedure.
