Serbia is becoming an increasingly popular destination for living, with the number of temporary residence permits issued having multiplied several times compared to previous years.
Naturally, the significant surge in migration to Serbia has given rise to the need for a new Law on Foreigners, a topic that has been under discussion for quite some time.
Finally, on July 27, 2023, the Serbian Assembly adopted amendments and additions to the Law on Foreigners, bringing numerous changes. However, it’s important to note that some of these amendments and additions took effect from August 4, 2023, while certain changes will be implemented from February 1, 2024.
In this text, we will focus on the most important amendments and additions to the new Law on Foreigners.
– Unified Permit –
The new Law on Foreigners prescribes the introduction of a unified permit for temporary residence and work, which will be issued to all foreigners granted temporary residence based on employment.
– Right to work without a work permit –
The new Law on Foreigners introduces a new provision that foreigners granted temporary residence on other grounds such as property ownership or family reunification will have the right to work without applying for a separate work permit.
– Change of name or surname of a foreigner –
The new Law on Foreigners stipulates that if a foreigner with approved temporary residence in Serbia changes their name or surname during their authorized stay in the country (for example, when a spouse takes the partner’s surname after marriage), they will be required to obtain a new travel document with updated information within a period of 6 months.
– How are days of stay in Serbia calculated? –
Days of stay in Serbia are counted including the day of entry and the day of exit from Serbia.
The days of stay in Serbia are calculated to include both the day of entry and the day of exit from Serbia. For example, if you have a visa with approved residence in Serbia for 180 days, those 180 days will also encompass the days of your entry into and exit from the territory of the Republic of Serbia.
In fact, this change is not a novelty; this is how days have been calculated in practice. However, there was a need to clearly define the method of calculating the stay in Serbia, so a separate provision has been added to the Law addressing this issue.
– Visas for entry into Serbia in electronic format –
For those foreigners who require a visa to enter Serbia, as well as citizens of those countries who can enter Serbia freely but cannot apply for temporary residence until obtaining a D visa, a new solution has been introduced.
Up until now, C visas (short-stay visas for up to 90 days within 180 days) and D visas (long-stay visas for 90-180 days) were exclusively issued as adhesive labels affixed within the foreigner’s passport.
With the new amendments to the Law on Foreigners, the option of issuing visas in electronic format is introduced, greatly simplifying the process.
It is also important to note that an issued visa is not a guarantee of entry into Serbia.
– When can a foreigner apply for temporary residence? –
The first amendment in the Law on Foreigners pertains to clarifying which foreigners can apply for temporary residence in Serbia. The law states:
“Temporary residence is a permit for the stay of foreigners in Serbia and can be granted to a foreigner who intends to stay in the Republic of Serbia for more than 90 days within a 180-day period, longer than the stay period determined by international agreement, or longer than the period for which a long-stay visa has been issued.’
What does this actually mean?
Before deciding to apply for temporary residence in Serbia, it is necessary to check the current visa regime between your country of origin and the Republic of Serbia to know when you can apply for temporary residence and what conditions you must meet.
Certainly, our recommendation is to consult with an expert before proceeding with the process.
– Extension of Temporary Residence Permit –
Undoubtedly, one of the most important changes is that a foreigner can now apply for an extension of temporary residence in Serbia at the earliest three months before and at the latest by the expiration of the current temporary residence period.
Instead of the previous 30 days before expiration, the law now allows foreigners the possibility to apply right before the expiration of the current temporary residence period.
– General Conditions for Issuing Temporary Residence –
The previous Law on Foreigners stipulated that when applying for temporary residence permit, a foreigner must submit a valid passport.
The amendments to the Law on Foreigners foresee that if, according to international agreements, a foreigner can enter Serbia with a valid ID card from their country of origin, they can also apply for temporary residence permit in Serbia using that document.
It is necessary for the personal document (passport or ID card) attached to the application to be valid for at least three months longer than the period for which temporary residence is sought.
The remainder of the necessary documentation to be submitted remains unchanged and it is necessary to provide:
– A valid personal or official passport,
– A valid ID card from the country of which the foreigner is a citizen if, in accordance with applicable regulations, they can enter the Republic of Serbia with an ID card,
– Proof of means of subsistence during the planned stay,
– Proof of health insurance during the planned stay,
– Evidence substantiating the request, which will depend on the legal basis for applying for temporary residence,
– Proof of payment of the prescribed administrative fee.
However, the law introduces new changes and specifies that:
A foreigner who is a family member of a Serbian citizen, a foreigner who is employed, as well as the family members of employed foreigners, are not required to submit documentation related to means of subsistence and health insurance.
– Duration of Temporary Residence Permit –
Undoubtedly, the most significant change is the duration of temporary residence, as now, instead of up to one year, a foreigner can be granted a temporary residence permit for a duration of up to three years!
– Unified Work Permit –
For foreigners intending to apply for temporary residence based on employment, a unified work permit is envisaged, which will encompass both the temporary residence permit and the work permit.
This change is planned to come into effect on February 1, 2024, and until then, a set of guidelines is expected to be published, detailing the procedure for obtaining this permit.
For now, we know that it will exist and will significantly simplify the procedure for foreigners working in the Republic of Serbia.
Additionally, the law also stipulates that foreigners granted temporary residence or permanent settlement in Serbia will have the right to work without the need for a unified work permit.
The decision regarding the unified work permit will be made concurrently by two authorities, the Ministry of Internal Affairs and the National Employment Service, each within their respective jurisdiction, providing assessments of the fulfilment of conditions.
The unified work permit can be issued for the purpose of:
– Employment,
– Self-employment,
– Special cases of employment.
– Permanent Settlement –
The new Law on Foreigners introduces a change that now allows a foreigner to apply for permanent residence permit after three years of continuous temporary residence in Serbia, instead of the previous requirement of five years!
Therefore, the new condition for obtaining a permanent residence permit in Serbia that a foreigner must meet is:
– Having resided continuously in Serbia for three years based on approved temporary residence.
– Not having been absent from Serbia for more than a total of 10 months, or a single absence of 6 months within the 3-year period.
In this text, we have focused on the most important amendments and additions, expecting that they will significantly facilitate the process of applying for temporary residence in Serbia for foreigners.
We still need to see how the unified permit system will work in practice and how will adopted changes be effective in practice.
So, you can definitely expect new posts coming soon!
