THE NEW LAW ON FOREIGNERS

The Law on Foreigners in Serbia: Key Changes and Implications

The Law on Foreigners (Official Gazette of RS, No. 24/2018) (hereinafter referred to as “the Law”) came into effect on April 3, 2018, with its application postponed by six months, starting from October 3, 2018. The Law aligns Serbian legislation with relevant EU directives, addressing issues previously unregulated yet implemented in practice.

Below is an overview of the most significant novelties introduced by the Law:

1. Entry and Exit of Foreigners

The Law now formally prescribes reasons for denying entry to foreigners and standardizes the process with a written decision specifying the exact reasons. This decision replaces the earlier verbal method, where only a stamp of denial was placed in the travel document.

A foreigner may now appeal a denial decision, ensuring a two-instance decision-making process and enhancing legal safety. These changes harmonize Serbia’s legislative framework with EU standards.

2. Visa Issuance and Appeals

In exceptional circumstances, a diplomatic-consular office may process visa requests from foreigners who do not reside in the country but can provide evidence of urgency. Foreigners can appeal decisions regarding visa denial, cancellation, termination, or refusal to extend the visa validity within eight days of receiving the decision.

3. Temporary Residence: Expanded Basis

The Law introduces new grounds for granting temporary residence and formalizes existing practices. Temporary residence may now be granted to foreigners intending to stay in Serbia for more than 90 days for reasons including:

• Employment,
• Education or learning Serbian,
• Family reunification,
• Real estate ownership,
• Scientific or research activities,
• Religious services, and
• Humanitarian or health-related reasons, among others.

4. Family Reunification and Independent Residence

The Law introduces independent temporary residence for foreigners who have resided in Serbia for at least four years based on family reunification. This ensures personal independence from the sponsoring individual (e.g., a spouse).

Foreigners who have been victims of domestic violence can also be granted independent temporary residence, regardless of the duration of their prior residence.

The definition of “immediate family” includes spouses, common-law partners, children under 18, and, in exceptional cases, dependent blood relatives or adult children unable to care for themselves due to health reasons.

5. Marriage of Convenience

The Law introduces the concept of a marriage of convenience to address cases where marriages are entered into solely to obtain temporary residence. If reasonable doubt arises, temporary residence may be denied or not extended.

6. Application Procedures and Deadlines

Applications for temporary residence must align with the basis of a foreigner’s entry into Serbia (e.g., a long-stay visa). The Law specifies that applications must be filed:

• Within 90 days of the last entry into Serbia for those not requiring a visa,
• At least three months before, and no later than 30 days before, the expiry of an existing temporary residence permit.

In exceptional cases (e.g., humanitarian or force majeure), late applications may be accepted, provided the delay is under three months.

7. Permanent Residence: Updated Criteria

Permanent residence is available to foreigners who have continuously lived in Serbia for more than five years on temporary residence. However, time spent on temporary residence for study or education is only partially counted. Foreigners residing in Serbia based on company ownership, work, or employment may apply for permanent residence after five years—a reduction from the previous ten-year requirement.

Conclusion

These updates reflect Serbia’s efforts to modernize its legal framework and align with EU standards, providing greater clarity, consistency, and legal protections for foreigners.

Disclaimer
The content provided herein is for informational purposes only and should not be considered legal advice. The Law Firm Petrovic Mojsic & Partners disclaims all responsibility for actions taken based on the information provided.