INTRODUCTION
In line with changes occurring in the Republic of Serbia’s labor market, including a significant increase in foreign nationals applying for temporary residence and work permits, as well as alignment with European Union regulations, the Government of the Republic of Serbia adopted a proposal for amendments to the Law on Foreigners (“Official Gazette of RS,” No. 24/18 and 31/19), expected to take effect from February 1, 2024.
Parallel to drafting amendments to the Law on Foreigners, amendments to the Law on Employment of Foreigners have also been proposed to ensure horizontal coherence between these two national regulations.
This analysis outlines the most significant changes in the Law on Foreigners and the procedural steps involved in obtaining temporary residence and work permits.
AMENDMENTS TO THE LAW ON FOREIGNERS
Application Submission
The main change introduced by the amendments to the Law on Foreigners and the Law on Employment of Foreigners is the possibility for foreign nationals to obtain a unified temporary residence and work permit through a single procedure at one state authority, the Ministry of Internal Affairs of the Republic of Serbia, provided legal conditions are met. This option is available only for employment and special training according to Article 40, Paragraph 1, Points 1 and 5 of the Law on Foreigners.
The amendments simplify the submission of a unified permit, replacing the previous requirement for foreigners to first regulate temporary residence according to the Law on Foreigners, followed by obtaining a work permit.
A significant innovation allows employers or their authorized representatives to submit the application for the unified residence and work permit on behalf of a foreign national or multiple foreign nationals. Under the previous law, the foreign national was required to submit and sign the application personally.
Applications for issuance or renewal of a unified permit must be submitted electronically. Employers can apply individually or collectively for multiple individuals based on the same grounds and authorize representatives via E-Government (Euprava) to act on their behalf.
Other applications for temporary residence approval or extension should be submitted to the competent authority on a prescribed form or electronically through the Portal for Foreigners.
Deadlines
One significant change introduced by the unified permit application process is the reduction in processing time to 15 days from the previous 30-day period after submission of a complete application. This shortens the period in which a foreign national can lawfully commence economic activities upon entering Serbia.
For temporary residence applications not submitted as a unified permit, the decision-making period remains 30 days.
Permit Duration
Another major amendment is the possibility of granting temporary residence permits for up to three years instead of the previous one-year duration, depending on the reason and evidence provided in each case. The unified permit is also valid for three years and can be extended for an identical duration.
Under the amendments, temporary residence (on all grounds prescribed by law) and unified permits for temporary residence and work are issued as biometric documents, replacing the temporary residence sticker previously affixed to a foreign national’s passport.
Additionally, the obligation for foreign nationals to submit temporary residence extension applications no later than 30 days before expiry has been modified. Applications for extension can now be submitted up to the expiration date of the current permit. The same rule applies to unified permit extensions.
CONCLUSION
The amendments to the Law on Foreigners in Serbia make obtaining temporary residence and work permits more efficient and flexible. The introduction of unified applications, electronic submissions, and reduced processing times facilitate both foreign nationals and employers.
For further information and legal support, Dvornić Law Office is available to assist you (insert contact link).
Note: This blog is for informational purposes only and does not constitute legal advice. For specific questions and legal support, please contact Dvornić Law Office.
