Challenges and Risks of Unlawful Stay
Illegal stay of foreigners in Serbia presents serious challenges for both individuals and legal entities. This blog provides a clear overview of legal definitions, possible penalties, and essential steps that foreigners and organizations can take to avoid fines and legal consequences while staying or working in Serbia.
Definition of Illegal Stay
According to Article 74 of the Law on Foreigners, a foreigner’s stay in the Republic of Serbia is considered illegal if:
- The foreigner entered Serbia unlawfully
- The foreigner remains in Serbia longer than 90 days within a 180-day period, or longer than allowed by an international agreement
- The foreigner overstays the period approved under a visa, or the visa is canceled or revoked
- The foreigner’s temporary residence permit has expired or ceased, except in legally defined exceptional circumstances
- The foreigner’s permanent residence status has ceased
- The foreigner lacks any legal basis for residence in Serbia
- The foreigner expresses intent to apply for asylum but fails to report to the asylum center within the legal timeframe or leaves the center before filing the application
- The foreigner’s asylum request is finally rejected, discontinued, or temporary protection has expired, and they fail to leave Serbia
- A protective or security measure of expulsion has been issued against the foreigner
Legal Consequences: Entry Ban (Article 78)
If any of the above situations apply, the Department for Foreigners will initiate a misdemeanor proceeding. Following the court decision, an official return decision is issued with a deadline for voluntary departure from Serbia.
If the foreigner fails to leave within that period, they will be forcibly removed from Serbia, and the authorities may impose an entry ban for a legally defined period. This significantly affects the foreigner’s ability to re-enter Serbia.
Detention and Forced Removal Procedures (Article 81)
If a foreigner does not leave Serbia voluntarily within the legal deadline, they may be detained and placed in a special facility (a detention center) until removal is executed.
Financial Burden of Forced Removal (Article 94)
The cost of forced removal is generally the responsibility of the foreigner. However, the cost may be covered by a legal or natural person who undertook responsibility for the foreigner’s stay and removal (such as travel organizers, carriers, the state, or international organizations).
Legal Sanctions for Illegal Stay
The Law on Foreigners clearly regulates these situations, outlining a range of penalties from fines to deportation, entry bans, and imprisonment of up to 60 days.
- Legal entities may be fined up to 2,000,000 RSD
- Individuals may be fined up to 150,000 RSD
Conclusion
Respect for the Law Is Crucial
Foreigners must closely monitor their legal status in Serbia and comply with all immigration laws. Being informed and proactive is essential to maintaining legal status and avoiding complications.
Take Action
If you’re planning to stay in Serbia or are already residing here, consult an immigration lawyer. Timely legal support can help you understand your obligations and rights and manage your status effectively.
For more information and legal support, Dvornić Law Office is at your service.
Note: This blog is for informational purposes only and does not constitute legal advice. For specific legal questions and support, please contact Dvornić Law Office.
