Immigration law

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Immigration attorney

Na slici su prikazane zastave različitih zemalja što ukazuje na strance koji borave u inostranstvu i treba im advokat za imigraciono pravo.

The procedure for issuing a single permit

Applying for a single permit

The single permit for temporary residence and work of a foreigner is a procedure in which the procedure for issuing a temporary residence and work permit is unified and is submitted in cases of employment and professional specialization, training and practice.

The request for issuing a single permit is submitted electronically and can be submitted in person or through an authorized person.

A foreigner who submitted a request for a single permit in a timely manner can legally reside and work on the territory of the Republic of Serbia until the procedure is completed.

Jurisdiction and deadline for decision

The request for the approval of a single permit is decided by the Ministry of Internal Affairs, Administration for Foreigners within 15 days from the date of submission.

The extension of the single permit can be submitted at the earliest three months before the expiration of the validity of the temporary residence, i.e. no later than the day before the expiration of the validity of the temporary residence.

The basis for issuing a single permit

A single permit may be issued in the following cases:

  1. Employment
  2. Self-employment
  3. Referred persons, for movement within the company, independent professional, for training and improvement

Validity of the single permit

A single permit can be issued for a period of validity of up to three years and can be extended for the same period.

Procedure for obtaining a temporary residence and work permit

A temporary residence permit is a legal permit for foreign nationals who plan to stay in the Republic of Serbia for more than 90 days in any 180-day period. The law prescribes the issuance of a temporary residence permit on several grounds, namely:

  1. employment,
  2. self-employment
  3. schooling or learning the Serbian language;
  4. studying;
  5. participation in international student exchange programs;
  6. professional specializations, trainings and practices;
  7. scientific research work or other scientific educational activities;
  8. family reunification;
  9. performing religious services;
  10. treatment or care;
  11. ownership of real estate;
  12. humanitarian stay;
  13. the status of the presumed victim of human trafficking;
  14. the status of a victim of human trafficking;
  15. other justified reasons in accordance with the law or international agreement.

Submitting a request for temporary residence and deadlines

The request for temporary residence is submitted in person or electronically at the competent police department, department for foreigners.

If all the conditions for issuing a temporary residence permit are met, it can be approved for up to three years and can be extended for the same period depending on the basis of the approval.

The extension of temporary residence can be submitted at the earliest three months before the expiration of the validity of the temporary residence, i.e. no later than the day before the expiration of the period of validity of the temporary residence.

The competent authority is obliged to decide on the request for approval of temporary residence within 30 days.

A foreigner who submitted a timely request for temporary residence or extension of temporary residence can legally reside in the territory of the Republic of Serbia until the procedure is completed.

Jurisdiction and deadline for decision

The competent authority for deciding on temporary residence is the Ministry of Internal Affairs, the administration for foreigners where the foreigner resides at the time of submission, and the decision deadline is 30 days from the date of submission of the application.

Permanent residence procedure

Permanent residence is a permit for a foreigner’s long-term stay in Serbia for the duration of 5 years, as long as the temporary ID card issued in the process of approval of permanent residence is valid.

Apart from the documentation that must be submitted for the approval of permanent residence, the main requirement is that the foreign citizen has a continuously approved temporary residence for three years in a row.

In addition to the necessary documentation and approved temporary residence, the law stipulates that a foreigner must have an effective residence in Serbia, that is, that during the approved temporary residence in Serbia, he was not abandoned for more than 10 months multiple times in a period of three years, or 6 months once in a period of 3 years.

A foreigner who has submitted an application for permanent residence can legally reside in Serbia until the completion of the permanent residence approval procedure.  

The deadline for deciding on a request for permanent residence is 60 days, during which period the Ministry of Internal Affairs obtains an assessment of the state body as to whether the permanent residence of a foreigner on the territory of Serbia represents an unacceptable security risk.

A foreigner who has been approved for permanent residence is issued an identity card for a foreigner and it is necessary to pick it up in person.

Procedure for obtaining a D visa

The D visa, i.e. a visa for a longer stay, is an authorization to enter and stay in the territory of the Republic of Serbia for a period of 90 to 180 days.

A visa for a longer stay is issued to a person who needs a visa, as well as to a person who later intends to apply for a temporary stay or a single permit.

Visa issuing authority

The consulate of the Republic of Serbia abroad, at whose consular representation the foreigner legally resides, is responsible for issuing a D visa.

Applying for a visa

The request for issuing a visa for a group stay is submitted in person at the consulate of the Republic of Serbia or electronically, at the earliest three months before the intended trip.

Deadlines for deciding on a visa application

The competent authority is obliged to make a decision within 15 days from the date of submission of the request, and this period can be extended up to 30 days if there are justified reasons for this.

Extension of visa validity

The validity period of the visa and the period of stay cannot be extended, but after the visa expires, a request for a single permit or temporary residence permit can be submitted on various grounds. 

The procedure for concluding a marriage between foreigners and domestic citizens

The Dvornić law office is here to help you in situations where foreigners want to get married in Serbia, and in that case we organize the entire procedure, which includes communication with the municipality and the registrar, organizing a court interpreter, translation of documents, issuance of marriage certificates and other necessary actions required to conclude a marriage in Serbia.

The procedure for changing the address of foreigners and obtaining an address certificate

Situations often occur when a foreigner has to change his residential address after receiving temporary residence, which entails the need to report the change of address to the competent administration for foreigners, because failure to change the address can cause a problem when extending temporary residence, i.e. a unique permit.

Our law office allows you to complete this procedure quickly and efficiently, and your only obligation is to sign a power of attorney for us.

Procedure for applying for citizenship

The process of acquiring citizenship in Serbia offers various opportunities to citizens around the world. One of the most common advantages of acquiring the citizenship of the Republic of Serbia is the acquisition of a European passport, which gives you the opportunity to travel freely to all European countries, as well as stay up to 90 days without the need to obtain a Schengen visa, as well as freely travel to other countries of the world.

Citizenship of the Republic of Serbia can be acquired in one of the following ways:

  1. by origin
  2. birth on the territory of the Republic of Serbia
  3. by reception
  4. under international agreements;

Acquisition of citizenship by origin

Citizenship of the Republic of Serbia is acquired by a child:

  • if both parents are citizens of Serbia at the time of his birth;
  • if one of the parents is a citizen of Serbia, and the child was born on the territory of Serbia;
  • if he was born abroad, and one of the parents is a citizen of Serbia, while the other is unknown or has no citizenship.

Acquisition of citizenship by birth on the territory of the Republic of Serbia

A child born or found in the territory of the Republic of Serbia acquires the citizenship of the Republic of Serbia at birth if both parents are unknown, of unknown citizenship or stateless, or if the child is stateless. Based on this position, the child is considered a citizen of the Republic of Serbia from birth

Acquisition of citizenship by admission

One of the most common ways of acquiring citizenship of the Republic of Serbia is acquiring citizenship by admission, and as one of the main conditions, it is prescribed that the foreigner has an approved permanent residence in accordance with the Law on Foreigners, as well as other general conditions prescribed by the Law on Citizenship, such as:

  1. that the person has reached the age of 18 and has not been deprived of business capacity;
  2. to have a release from foreign citizenship or to submit proof that he will receive a release if he is admitted to the citizenship of the Republic of Serbia;
  3. that he had a registered residence in the territory of the Republic of Serbia for at least three years before submitting the application;
  4. to submit a written statement that he considers the Republic of Serbia to be his country.

The Law on Citizenship prescribes a number of points by which the procedure for obtaining a Serbian citizen by admission can be initiated, namely:

  1. A person who was born on the territory of the Republic of Serbia and who has been granted permanent residence in the Republic of Serbia, if he submits a written statement that he considers the Republic of Serbia to be his country,
  2. A foreigner who has been married to a citizen of the Republic of Serbia for at least three years and who has been granted permanent residence in the Republic of Serbia can be admitted to the citizenship of the Republic of Serbia if he submits a written statement that he considers the Republic of Serbia to be his country,
  3. An emigrant and his descendant can be admitted to the citizenship of the Republic of Serbia if they have reached the age of 18 and have not been deprived of their legal capacity and if they submit a written statement that they consider the Republic of Serbia to be their country, the citizenship of the Republic of Serbia can also be admitted to a foreigner whose admission to the citizenship of the Republic of Serbia would represent an interest for the Republic of Serbia,
  4. If both parents acquired the citizenship of the Republic of Serbia by admission, their child under the age of 18 also acquires the citizenship of the Republic of Serbia.
  5. A member of the Serbian nation who does not reside in the territory of the Republic of Serbia has the right to be admitted to the citizenship of the Republic of Serbia without dismissal from foreign citizenship, if he has reached the age of 18 and has not been deprived of his business capacity, even if he submits a written statement that he considers the Republic of Serbia his country.

Acquisition of citizenship by admission

Citizenship of the Republic of Serbia is acquired upon submission of the acceptance decision on the citizenship of the Republic of Serbia.

Termination of citizenship of the Republic of Serbia

The Law on Citizenship stipulates that the citizenship of the Republic of Serbia ends in one of the following ways:

  1. By dismissal
  2. By renunciation
  3. By international agreement;

Procedure for acquiring citizenship of the Republic of Serbia

The competent authority for deciding on the procedure for admission and termination of citizenship of the Republic of Serbia is the Ministry of Internal Affairs, and this procedure is urgent.

The request for acquisition and termination of citizenship of the Republic of Serbia can be submitted personally or through a lawyer’s proxy.

Records of citizens of the Republic of Serbia are kept in birth registers.

For more detailed information on acquiring the citizenship of the Republic of Serbia, you can contact our law office, which will provide you with the best service in accordance with your needs regarding this issue.

Asylum procedure

Asylum represents the right to stay and protection of a foreigner who has been granted the right to asylum or subsidiary protection by the decision of the competent authority.

The right to apply for asylum

A foreigner who is in the territory of the Republic of Serbia has the right to express his intention to submit an application for asylum and to submit an application for asylum in the Republic of Serbia, in accordance with the law.

The law stipulates that no person may be expelled or returned to a territory where his life or freedom would be threatened because of his race, sex, language, religion, nationality, social affiliation or political belief.

In Serbia, the asylum procedure takes place according to certain laws and regulations. Here is a quick overview of the key steps in the asylum process:

  • Registration:

When entering the country, a foreigner can verbally or in writing express his intention to apply for asylum in front of an authorized police officer. The asylum applicant is then registered and sent to the Asylum Center or other facility designated for accommodation, where he must report within 72 hours from the moment of issuing the registration certificate. 

  • Filing an asylum application:

A person who wants to request asylum in Serbia submits a request to the competent institution on the prescribed form, usually to the Office for Asylum, which is an organizational unit of the Ministry of the Interior, within 15 days from the day of registration.

  • First interview:

The asylum applicant will be scheduled for a first interview with an Asylum Office official. During this interview, the applicant states his reasons for seeking asylum and provides relevant information about his situation, and on this occasion, in particular, he states:

  1. the identity of the applicant;
  2. reasons on which the request for asylum is based;
  3. movements of the applicant after leaving the country of origin or the country of habitual residence;
  4. whether the applicant has already applied for asylum in another country

During the hearing, the applicant is obliged to fully cooperate with the authorized officer of the Asylum Office, to present credible and convincing explanations of the reasons on which he bases his request for asylum, to attach all available evidence to support his request and to truthfully answer all the questions put to him.

  • Asylum procedure:

The asylum process involves different stages, including the analysis of the application, the verification of the relevant facts and the hearing of the asylum seeker. This phase can last for some time, during which asylum seekers can be accommodated in reception centers.

  • Asylum decision:

Based on the collected information, the competent authority makes a decision on asylum. If asylum is granted, the right to asylum or legal subsidiary protection is granted.

The deadline for making a decision on asylum is made no later than three months from the date of submission of the asylum application and can possibly be extended for another three months.

  • Refusal of asylum and appeal:

If the request is rejected, the asylum seeker has the right to appeal. The deadline for filing an appeal is 15 days from the moment of delivery of the first-instance decision. Filing an appeal delays the execution of the decision.

An administrative dispute can be initiated against the final decisions made in the asylum procedure.

The lawsuit delays the execution of the decision.

  • Execution of the decision:

If the decision to refuse asylum becomes final, and the foreigner has no other grounds for stay, a period of no less than 30 days is set, in which the foreigner must leave the Republic of Serbia voluntarily, otherwise he will be forcibly removed.

It is important to note that the asylum procedure can change according to the legislation and the influx of migrants. Serbia is often faced with migrant inflows, and its laws and procedures can be adapted to the situation on the ground.

Representation of foreign individuals and legal entities before all institutions of the Republic of Serbia, including state administration bodies, courts, prosecutor's offices

Immigration appeals

In today’s world, immigration processes can be complex and challenging. Whether you are facing denied visas, permits, deportation, or other immigration challenges, we are here to help you exercise your rights and achieve fair resolutions.

Learn more about dealing with immigration appeals, rules and procedures, and helpful tips from experts. Your immigration story deserves justice, and we’re here to help you every step of the way.

Our services include:

  • appeals against first-instance decisions refusing a permit for a single permit,
  • appeals against first-instance decisions denying a temporary residence permit on any basis,
  • appeal refusing permanent residence
  • appeals against first-instance decisions made in the asylum procedure,
  • Appeals to the administrative court against final decisions in immigration proceedings and asylum proceedings

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Important: We are not able to give opinions and advice by phone and email, due to reasons of professionalism, attention to detail, as well as due to the increased volume of work. In the event of an increased volume of inquiries via email, we will only respond to inquiries where we are able to accommodate engagement discussions.

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