According to the National Employment Service, Serbia issued 24,785 work permits to foreigners in the first six months of 2023 - 1,000 more than in the whole of 2021. Against this backdrop, in August 2023, the Serbian Parliament adopted amendments that simplify employment and residence documents for foreigners. Part of the amendments came into force on 4 August 2023, while the other part came into force on 1 February 2024. Let us tell you about all of them.
What has changed
- Introduced a single permit for residence and work
- Changed the conditions for issuing and extending the RVP
- changed the rules of employment of foreigners
- Simplified the conditions for issuing a residence permit
- Introduced new rules for issuing visas and migration control
- Established fines
Introduced a single permit for residence and work
Employed foreigners in Serbia will be issued a single permit instead of two separate documents - temporary residence permit, prinremeni boravak, and work permit, radna dosvola.
The single permit may be issued in the following cases :
- Employment with a local employer.
- Transfers within the company.
- Specialization, apprenticeship, advanced training in one's profession and mastering another.
- Referral of an employee to another employer for a period of up to 1 year. In Serbia, this type of employment is called "referred person".
- Employment of independent professionals - people who are self-employed outside Serbia, but have come to the Republic for project work. For example, an architect with his own office who has been invited for construction consultancy.
- Self-employment.
Rules for submitting documents for the unified permit.
A foreigner, a person authorised by the foreigner or the foreigner's employer may apply for a single permit strictly through the Welcome To Serbia e-portal. Citizens of Russia and other countries who do not need a visa to enter Serbia may apply from abroad.
The official processing time of an application for a single permit is 15 days. Of these, 10 days are given for evaluation by the competent authority of the employing company. However, in real life the processing time may be longer. A foreigner must apply for a single permit in person. The maximum period for which it can be issued is 3 years.
Code of rules on the issuance of a single permit
An application for renewal of a single permit must be submitted not earlier than 3 months before the expiry date of the existing permit and not later than the last day of validity. This too can only be done online through the Welcome To Serbia portal.
Plastic card for the single permit. In the past, the temporary residence permit - abbreviated as the RVP - was pasted into the passport. This was critical for those who had few blank pages. The single permit will be issued in the form of a plastic card with a chip.
The conditions for issuing and extending a residence permit have been changed
A residence permit for family members of single permit holders. A person who receives a residence permit for family reunification with a foreigner holding a single permit is issued a residence permit for the period of validity of the single permit. For comparison: previously, a residence permit was issued for a maximum of 1 year or for the period of validity of the residence permit of the reunited family member.
Additional grounds for obtaining a residence permit. New categories have been added to the list of grounds for temporary residence: foreign investors, holders of a residence permit on the basis of talent, participants in innovative activities and others to be determined by the government.
Simplified conditions for family reunification. Family members of Serbian citizens and employed foreigners no longer need to prove the availability of money and health insurance in order to obtain a residence permit.
New terms of temporary residence
Now some categories of foreigners can be granted a maximum of 3 years instead of one. These include:
- employees with an open-ended labour contract concluded with a Serbian company;
- owners of real estate;
- foreign spouses of Serbian citizens. These three categories are not prescribed in the law, but are included in the law enforcement practice;
- holders of a scientific work permit;
- university students can obtain a residence permit for a maximum of 3 years, but not longer than the period of study. Previously, the period was limited to one year;
- minors whose parent, guardian or legal representative holds a residence permit. The minor will receive a residence permit for the same period of time. The maximum period of validity of the RVP is 3 years instead of one.
New conditions of temporary stay. When travelling to Serbia, the days of arrival and departure are considered as days of stay in the country. Previously, this point was not indicated in the law. This innovation will help in calculating the days of absence from the country at the stage of obtaining a residence permit.
Temporary stay is now defined as permission to stay in the country for more than 90 days within 180 days or longer than stipulated by an international treaty or the term of the issued visa. Previously, the law was limited to an explanation of stay of more than 90 days
The rules for employment of foreigners have been amended
The amendments include an extensive list of foreigners who can work in Serbia without a single permit or work permit. They still have the classic residence permit with the reason for issuance, which gives an automatic right to employment.
Such categories include:
- Family members of a foreigner who has received a single permit.
- Foreigners with permanent residence permit.
- Family members of Serbian citizens or foreigners with a residence permit.
- Owners of real estate.
- Staying in Serbia on humanitarian grounds. The law does not specify which ones.
- Students and participants of international exchange programmes - they can work without a permit up to 20 hours per week.
- Those who conduct scientific research and lecturers who participate in professional meetings.
- Volunteers.
- Owners, representatives and founders of legal entities. Provided they are not employed by the organization.
- Accredited journalists.
- Foreigners who have requested asylum and are awaiting a decision.
- Serbian residents with a residence permit on the basis of independent residence. This is a category of residence permit for divorced spouses, widows, widowers and victims of domestic violence who lived in Serbia with a family reunification permit.
- A foreigner whose stay in Serbia does not last more than 90 days within 180 days, counting from the day of first entry.
There are also other categories in the list.
Rules for employment and change of employment of a foreigner. Upon termination of the employment contract, the foreigner is obliged to conclude a new employment contract or another contract allowing him/her to work in Serbia within 30 days.
The holder of a single permit may change the conditions of his/her work in the country, e.g. change the employer or be employed by several employers. The foreigner or his/her employer must apply for this through the Welcome To Serbia portal. The application is processed within 10 days.
The conditions for granting a residence permit have been simplified
In order to apply for a residence permit, it is now enough to live in Serbia for 3 years instead of 5 years. Applicants can be absent from the country for no more than 10 months or 6 consecutive months. From the moment the application for a residence permit is accepted, the foreigner's stay on the territory of Serbia is considered legal, even if his/her residence permit expires at that time.
Documents for residence permit can now be submitted electronically. But the website for this has not been developed yet.
As of 5 January 2024, the application for residence permit can be submitted 60 days before the expiry of the three-year period of continuous stay in Serbia, but not later than the expiry date of the residence permit or single permit. In other words, the foreigner does not need to renew the three-year residence permit or the last one-year permit for the next period, but can apply for a residence permit two months before the expiry date.
Also the document under simplified conditions can be obtained by:
- minor children of foreigners with a residence permit;
- minor children if one of the parents is a Serbian citizen or a foreigner with a residence permit;
- people with Serbian roots;
- other foreigners, if they are of interest to the Republic;
- persons with the right to asylum who have been continuously staying in Serbia for three years.
A card instead of a sticker in the passport. Permanent residence permit holders are now issued only a foreigner's card - a plastic identity card, without an additional sticker in the passport.
The card can be presented on the territory of Serbia as an identity card instead of a passport. For example, at post offices and banks. Also, it will not be necessary to obtain a certificate of residence - assurance of boravku - to confirm the address of registration in Serbia. The card will have a chip containing this information.
New rules for issuing visas and controlling migration have been introduced
In order to reduce the number of illegal migrants, new obligations have been introduced for carriers, organisers of tourist or business trips. The inviting party must ensure that foreigners stay in the country in accordance with the law. This includes the obligation to ensure that foreigners leave the country legally after the end of the trip or the validity of the visa. For travelling for the purpose of work, it is necessary to register foreigners with the social security system and ensure that they are legally employed in the country.
If an employer or travel agency invites a foreigner and he violates the rules of stay on a visa, the costs of his detention and deportation will be borne by the inviting party. Previously, this obligation was not defined.
Electronic visas. As of 1 February, electronic visas can be issued in Serbia - type C for stays of up to 90 days and type D for stays of up to 180 days. At the same time, it is still possible to get visas as stickers in the passport. But in practice electronic visas are not issued yet - and it is not known when they will be issued.
The approval of the Serbian Ministry of Interior is no longer required if a visa is to be issued urgently for humanitarian reasons, in case of force majeure or in the interests of the country.
Established fines
Fines for legal entities and entrepreneurs who import or organize the stay of a foreigner in violation of the law :
- for a legal entity it is now 500,000-2,000,000 RSD;
- for a sole proprietor - 100,000-500,000 RSD;
- for an individual - 50,000-150,000 RSD.
Up to 20,000-150,000 RSD of the fine will have to be paid by foreigners who:
- did not timely apply for an extension of the residence permit for themselves or a minor;
- did not submit an application for an alien card in a timely manner;
- did not timely report a change of residence address.
Previously, the fine for such offences ranged from 5,000 RSD.
Penalties for foreigners with a single permit. A foreigner with a single permit will have to pay 50,000-150,000 RSD if :
- resides in Serbia contrary to the purposes for which he or she obtained the visa;
- resides in Serbia contrary to the reasons for which he/she obtained a unique permit.
- there are also fines of 20,000-150,000 RSD for foreigners in other cases :
- failed to apply for a unique permit;
- failed to apply for a temporary residence permit;
- has not applied to the competent authority for a new temporary residence permit or a single permit within the prescribed time limit.
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