Amendments to the Law on Foreigners (2023)
The 2023 amendments to the Law on Foreigners introduce several new features compared to the regulations from 2018 and 2019.
Single Permit / Work permit
The single permit for residence and work is a new provision established by the amendments to the Law on Foreigners (‘Official Gazette of RS’, No. 62/2023). This permit is issued to foreigners by the Ministry of Internal Affairs of the Republic of Serbia, streamlining the processes for obtaining residence and work rights in the country.
The application process for the single permit is fully digitized through an online platform and is managed by a single state authority. Required documents can be submitted electronically, either as original electronic files or digitized copies. Although the process is designated as urgent, with a resolution time of 15 days, it often takes longer in practice.
Temporary Residence
The single permit is valid for a maximum of three years and can be renewed under the same conditions. It replaces the previous temporary residence sticker attached to the passports of foreigners granted temporary residence in Serbia.
Requests for extensions can be submitted until the last day of the approved stay, and any gap between the expiration of the residency permit and the issuance of a new one is considered legal residency. A foreigner must leave the country only if their extension request is denied.
One common reason for applying for a temporary residence permit is company formation in Serbia. Founders or Managing Directors of Limited Liability Companies have a legal basis to apply for a single permit (self-employment).
In addition to self-employment, foreigners can work in Serbia based on other grounds, such as employment, family reunification with Serbian citizens, or property ownership.
The request for a single residence and work permit can be submitted not only by the foreign employee but also by their employer (even for multiple foreigners) or by another authorized person.
With the issuance of a biometric document, foreigners can access eGovernment services, enabling the use of electronic signatures.
Permanent Residence
Previously, foreigners needed to reside continuously for five years with an approved temporary residence permit to obtain permanent residence in Serbia. Under the new regulations, this requirement has been reduced to three years. Additionally, foreigners holding permanent residence are now exempt from special formalities for obtaining a personal work permit.
A significant change is that the identity card issued to foreigners with permanent residence now serves as their permanent residence permit. This card is renewed every five years without a reassessment of the conditions for permanent residence, removing the need for a residence permit sticker.
The new regulations also allow for the possibility of acquiring permanent residence based on Serbian origin, though the law does not specify the required degree of kinship, leaving “origin” open to interpretation.
Moreover, foreigners who have spent at least three years in Serbia under an approved asylum status can now apply for permanent residence.
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