Immigration and residence permit in Serbia

Immigration and residence permit in Serbia

Today's business flexibility has enabled much greater mobility of people searching for work, which often leads to relocation and work in foreign countries. Apart from the trend of emigration, which has been present in Serbia and neighboring countries for a long time, recently, there has been a significant increase in immigration to Serbia. For foreigners to obtain a residence permit in Serbia and work legally, they must undergo a process that requires obtaining specific documentation and submitting requests to competent authorities. Law office Pekić has experience providing services necessary for immigration, employment, and residence of foreign citizens in Serbia.

In this blog, we will deal with the most common immigration process to Serbia, which involves obtaining temporary residence in Serbia.

  • Visa for an extended stay (D visa) - is an authorization to enter and stay in the territory of the Republic of Serbia for a period of 90 to 180 days. It is intended for a foreigner who needs a visa to enter the Republic of Serbia and who wants to apply for a temporary residence permit in Serbia. Visa requirements for immigration to Serbia are listed by country on the Serbian official immigration website https://www.mfa.gov.rs/en/citizens/travel-abroad/visas-and-states-travel-advisory. For citizens of certain countries, e.g., the Russian Federation (Russia), no special visa is required to enter Serbia and apply for temporary residence in Serbia. The aforementioned depends on the international agreement between Serbia and the country whose citizens intend to move to Serbia.
  • Temporary residence permit in Serbia - a residence permit in Serbia for a foreign citizen and can be granted to a foreigner who intends to stay in the Republic of Serbia for more than 90 days.
  • Permanent residence permit in Serbia (permanent settlement) - is a permit for a long-term stay of a foreign citizen in the Republic of Serbia. A foreigner can submit a permanent residence request if he has resided in Serbia for more than five years based on temporary residence.

It is important to emphasize that, the immigration policy in Serbia are different in relation to the citizenship of immigrants. In this text, the most attention will be paid to temporary residence, given that, according to the experience of the Pekić Law Office, this is precisely the most requested type of residence permit in Serbia.

How to immigrate to Serbia and obtain temporary residence?

A foreigner is any person who does not have citizenship of the Republic of Serbia. There are specific steps in which a Serbian immigration lawyer can help you during the process of immigration and getting a residence permit for foreigners in Serbia.

  • White card - After a foreigner enters the territory of the Republic of Serbia, the owner of the accommodation where the foreigner will stay is obliged to report his stay to the police department no later than 24 hours after the foreigner's arrival and thus obtain a white card.
  • Temporary residence permit in Serbia – There are several grounds for obtaining a temporary residence. These are: 1) movement within the same company, 2) employment, 3) establishment of a company, representative office, or bank, 4) consignment, agreement on business-technical cooperation, 5) agreement on business- technical cooperation and technology transfer, 6) family reunification. To obtain temporary residence on each of these grounds, it is necessary to acquire the required documentation. The most frequently used grounds for obtaining temporary residence in Serbia are 2), 3), and 6).

Temporary residence permit in Serbia

Temporary residence is a residence permit of a foreign citizen in Serbia that can be granted for a maximum of one year from the date of submission of the application and can be extended. It is important to emphasize that the temporary residence permit can last up to the period the foreigner's passport was issued (i.e., three months before the passport expires). Obtaining a temporary residence permit is also necessary for a foreigner who wants to apply for a work permit in Serbia; after receiving it, he can work legally in Serbia. In this text, we will look at the easiest and most common ways in which foreigners can establish a temporary stay in Serbia.

  • Employment in Serbia – A company registered in Serbia that wants to employ a foreigner must submit a report of the need for employment to the National Employment Service – Serbian work permit agency (the so-called labor market test). The National service then gives an opinion that in their records, there are no citizens of the Republic of Serbia or other foreigners who already legally reside in the Republic of Serbia with the same qualifications as the foreigner the company wants to hire. The company in Serbia cannot hire a foreigner if there are unemployed Serbian citizens who have the same qualifications and knowledge in the NES records. The process for getting this opinion lasts ten days. If that condition is met, the work contract can be signed, based on which the request for temporary residence is submitted. Some documents that need to be submitted are a work contract, the decision on the company’s registration in Serbia, passport.
  • Residence permit in Serbia by investment or company formation in Serbia - Serbian law recognizes several forms of legal entities; however, foreigners who intend to obtain temporary residence and perform activities most often decide to register as entrepreneurs in Serbia, primarily due to lower costs and more straightforward procedures compared to other forms of companies. The process is the same for foreigners who want to obtain a residence permit in Serbia by company formation but need to be registered in other forms of legal entity because of the nature of their business activities. Members of a limited liability company formed in Serbia have the right to submit a request for temporary residence. It is important to emphasize that only the members (founders) of the LLC have that right, not the director, who is not the founder.
  • Family reunification - The Law on Foreigners enables the immediate family (spouse or common-law partner and children) of a foreigner legally residing in Serbia - the foreigner previously obtained a temporary residence permit, to obtain temporary residence in Serbia based on family reunification. The purpose of this basis for obtaining temporary residence is to preserve family unity.

Procedure for submitting a request for a temporary residence permit in Serbia

  • Employment and company formation or registering as an entrepreneur in Serbia - The request for obtaining temporary residence on this basis can be submitted online through the Serbian official website for immigration. Although the application process is digitized and it is not necessary to apply in person, the form that must be filled out online contains many information and documents that must be scanned and "attached" online. Hence, foreigners require help from an immigration lawyer in Serbia to submit this request. Some of the necessary documents are: scanned first page of the passport and the page of the passport with the stamp of the last entry into Serbia, white card, decision on company formation in Serbia (if it is a question of establishing a business company or entrepreneur), employment contract (if in the case of establishing an employment relationship), a lease agreement or proof of ownership of the space in which the foreigner intends to live. After filling out the form, a fee of 19,200 dinars is paid, and the fee is the same for submitting a request for a temporary residence permit on any basis. After submitting the request, the decision of the Ministry of Internal Affairs is awaited for 2 to 4 weeks. If the Ministry grants temporary residence to a foreigner, the approval is affixed on one page of the passport.
  • Family reunification – temporary residence permit in Serbia for a spouse - This request can also be submitted online, and most of the above applies to it. However, it is somewhat more demanding in terms of the number of information and documents than the above. Some of the necessary documents are: personal biography, scanned first page of the passport and the page of the passport with the stamp of the last entry into Serbia, health insurance policy, marriage certificate translated by an authorized court translator, and certified with the necessary stamps if it is required, a guarantee statement of the holder of temporary residence on support for his spouse. Regarding documents not issued in Serbia, it is necessary to certify them adequately so they can be used in Serbia. More on that will be explained in the blog section named certification of foreign documents for use in Serbia.
  • Family reunification - common-law partner - In this case, the application must be submitted in person. The necessary documents are the same as in the case of a spouse, with the difference that instead of a certificate from the marriage register, statements from two witnesses from Serbia, notarized by a notary, and proof of unmarried status from the home country are required.
  • Family reunification – temporary residence permit in Serbia for a child – This request cannot be submitted online. It is necessary for a foreigner who has an approved temporary residence to personally submit a request for a temporary residence for his child on the premises of a competent government agency in Serbia. All the documents necessary for submitting a temporary residence permit in Serbia for a spouse are also required when submitting a request for a child. Instead of a marriage certificate, a birth certificate is needed here. Also, to submit this request, both parents must sign consent.

Certification of foreign documents for use in Serbia

Regarding documents not issued in Serbia, it is necessary to certify those documents adequately to use them in Serbia. For example, suppose the marriage was concluded in Turkey. In that case, the original marriage certificate must be stamped with an apostille in Turkey and then translated from Turkish to Serbian in Serbia using the services of a court translator for the Turkish language. Suppose the authorities of the Russian Federation issued the marriage certificate. In that case, an apostille stamp is unnecessary because Serbia and the Russian Federation have a valid international agreement, which abolishes the need for legalizing documents. Still, documents issued by the authorities of the Russian Federation (with a translation into Serbian by a court translator) can be used in Serbia as if the competent authority of Serbia issued them. On the other hand, if the marriage was concluded in China (without considering Hong Kong and Macau), the marriage certificate must carry out full legalization documents, which is the most complicated procedure.

Personal and business bank account for foreigners in Serbia

Since the most common reason for applying for a temporary residence permit in Serbia is establishing a company or an entrepreneur, and having a personal and business account is closely related, here we will briefly state the essential information regarding the same. Possession of a personal account, i.e., an extract from it, is necessary for submitting a request for a temporary residence permit, primarily for owners of newly established companies. In the further course of business, according to the needs and operations of the company, it is likely necessary for them to open a business bank account for the company or entrepreneur registered in Serbia. The problem for foreign nationals can be that different banks set different conditions for opening these accounts. It should also be noted that banks put other conditions considering the foreigner’s nationality. An immigration lawyer in Serbia can help you with the requirements and conditions for opening a bank account in different banks in Serbia and help you fill out the application for opening an account.

Immigration lawyer in Serbia

Law office Pekić has much experience in the process of immigration to Serbia and knowledge of immigration policy in Serbia. If you want to apply for residence or are interested in the amount of costs for applying for a residence permit in Serbia charged by the Pekić law office, write to us at [email protected] or via Facebook messenger.

Frequently asked questions

Is it easy to get a residence permit in Serbia?

There are several ways to establish residence in Serbia. Each of them requires time and the collection of different documents. When you encounter this process after arriving in a foreign country, it can seem complicated. Still, an immigration lawyer can help you so that this process does not take more than a few hours of your time.

Is it possible to buy citizenship in Serbia?

The possibility of buying citizenship as such does not exist, but it is possible to acquire citizenship in Serbia by investment. The Serbian immigration policy does not allow for investment to be the basis for obtaining citizenship, but it can serve as a basis for acquiring citizenship in another way. Namely, citizenship can be granted to a foreigner if it is in the state's interest; therefore, if the Government of the Republic of Serbia assesses if the investment is of such importance that it is in the state's interest to grant citizenship to a foreigner. If it is, Serbian citizenship could be obtained by investment.

How to get a permanent residence permit in Serbia?

A foreigner who wants to submit a request for permanent residence must reside in Serbia continuously based on a temporary residence permit for more than five years with the possibility of multiple absences for a total period of 10 months or a one-time absence of up to 6 months.

How to get a white card in Serbia?

After a foreigner enters the territory of Serbia, the owner of the apartment where the foreigner will stay should report his stay at the local police station. In this way, the foreigner obtains a document called a white card.

How much does a temporary stay in Serbia cost?

The fee for submitting a request for a temporary residence permit is 19,200 dinars, together with the bank's commission, if the request is submitted electronically.

What is the official Serbian website for immigration?

The official website for immigration is called livinginserbia.




Sonja Pekic Advokat Novi Sad

Author

Attorney at Law Sonja Pekić

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