Immigration law is a branch of law that regulates the legal status of foreigners in the Republic of Serbia, their ability and possibility to reside, work, and participate in social life. This area of law is crucial for protecting the rights of foreign citizens, as well as for managing migration to ensure security, economic stability, and social cohesion in the host country. The legal provisions regulating the rights of foreigners also apply to numerous foreign legal entities operating within the territory of the Republic of Serbia.
As a key area of law, immigration law encompasses a range of legal norms addressing various aspects of migration, including conditions for entry and residence of foreigners, obligations towards foreigners, procedures for acquiring citizenship, and the potential process for deportation. With the increasing global migration flows, immigration law has become a critical area with a profound impact on the economy, social policy, and international relations.
The Importance of Immigration Law in Serbia
The significance of immigration law as a distinct legal branch has particularly grown over the last decade, with a noticeable increase in the number of foreigner in the Republic of Serbia, as well as the involvement of an increasing number of foreign companies in the Serbian business scene. For this reason, knowledge of the regulations in this area of law is necessary to provide full protection to individuals who are unfamiliar with the laws of the country they have come to, in which our professional team of experienced immigration lawyers can assist.
For all foreigners wishing to live and work in another country, understanding immigration law and the rights of foreigners becomes of exceptional importance. Professional legal assistance in immigration law enables proper navigation through complex legal frameworks, reducing the risk of mistakes that can lead to serious consequences, such as illegal residence or deportation.
Since immigration law is a highly complex field, it covers a wide range of issues, and it would be impractical to address all significant topics. Therefore, we provide answers to the most frequently asked questions encountered by clients in this area.
Types of Visas for Entry into the Republic of Serbia
Each country sets specific conditions for the entry of foreigners into its territory. This includes defining the types of visas that foreigners can obtain, the conditions they must meet to legally stay in the country, and the procedures for deciding on their requests. Of course, the conditions and procedure depend on the type of visa a foreigner wishes to apply for, their nationality, and various other circumstances. It can be said that every procedure is unique and must be approached with utmost dedication and professionalism.
Short-Term Stay for foreigner
This refers to any stay of a foreigner in the territory of the Republic of Serbia for up to 90 days within a 180-day period, counting from the first entry, with or without interruptions, during the year. Therefore, a foreigner can stay in the Republic of Serbia without a visa for up to 90 days, after which they must leave the country.
This rule may be waived in the case of an international agreement. A short-term stay also includes stay based on a short-stay visa (visa C). The validity of this visa cannot exceed five years, and it cannot serve as a basis for applying for a temporary residence permit in the Republic of Serbia.
The Foreign Nationals Law provides for the possibility of issuing a long-stay visa (visa D). This visa allows for entry and stay in the Republic of Serbia for a period of 90 to 180 days. If the individual holds citizenship of a country that is subject to a visa regime with the Republic of Serbia and plans to apply for a temporary residence permit in Serbia, they must obtain this type of visa.
Finally, there is also the so-called airport transit visa (visa A). In principle, foreigners who do not leave the international transit area of the airport or aircraft during a layover in the Republic of Serbia do not need to obtain this type of visa unless required for national security purposes, in which case the government may prescribe that nationals of certain countries are required to obtain this visa, which is valid for a maximum of six months.
Requests for all types of visas must be submitted to the diplomatic-consular missions of the Republic of Serbia, and in exceptional cases, the border police may issue a short-stay visa. Before deciding on the request, the fulfillment of legal conditions for issuing the requested visa is checked, and the visa is issued if all requirements are met.
Whenever a foreigner stays in the Republic of Serbia, regardless of whether they previously obtained a visa, they must report their stay within 24 hours of entering the country. The stay can be reported by the person with whom the foreigner is staying.
Temporary Stay for foreigners – Stay Up to Three Years
If a foreigner plans to stay in the Republic of Serbia for more than 90 days for various reasons, they can apply for temporary stay in Serbia if their previously issued visa D is insufficient (it will not be sufficient if the stay lasts longer than 180 days). In such cases, the foreigner can submit a request for a temporary residence permit. The basis for submitting such a request is often employment or self-employment (company establishment or opening a business).
In addition to employment, other reasons for which foreigners may request temporary residence in the Republic of Serbia include: education, professional specialization and training, family reunification, scientific-research work, religious service, humanitarian work, medical treatment or care, if they have acquired property rights on real estate in the Republic of Serbia, and other reasons deemed justified for granting temporary residence. When the basis for temporary stay is education, professional development, or work, a unified permit (temporary residence and work permit) is issued, while in other cases, only a residence permit is issued. The possibility of obtaining a unified permit is advantageous for foreigners because instead of obtaining two permits (first a temporary residence permit and then a work permit), they can obtain just one.
Temporary stay can be granted for up to three years and may be extended for the same period. When applying for an extension, the basis for the temporary stay must be proven, along with the required documentation.
Permanent Residence for Foreigners
Permanent residence is a key segment regulated by immigration law, enabling the long-term stay of a foreigner in the Republic of Serbia. It can be granted to individuals who meet the legal requirements and who have continuously stayed on the territory of the Republic of Serbia for at least 3 years based on an approved temporary residence.
However, individuals who have been granted temporary residence in Serbia based on education or studies cannot apply for permanent residence. If there is a change in the basis for temporary residence, the period of temporary stay based on education or studies is not fully considered in the calculation of the time required for permanent residence; instead, only half of the time spent on that basis is considered.
A foreigner who has applied for permanent residence and meets all legally prescribed conditions will be granted permission for permanent residence in the Republic of Serbia. Permanent residence for a foreign citizen is equivalent to the residency of a domestic citizen. After being granted permanent residence, the foreigner is issued an identity card for foreigners.
Regardless of the duration of the granted temporary stay, permanent residence will be granted if the foreigner meets the legal conditions in the following cases:
- If the individual is a minor whose parent is a citizen of the Republic of Serbia or a foreigner with permanent residence in the Republic of Serbia;
- If the individual is of Serbian descent;
- If the individual is of Serbian ethnicity;
- If the individual is a prominent person and granting permanent residence would serve the interests of the Republic of Serbia.
Acquiring Citizenship of the Republic of Serbia
Citizenship of the Republic of Serbia can be acquired in one of the following ways:
- By Descent – This method of acquiring citizenship is reserved for individuals who are under 23 years of age. After turning 23, the possibility of acquiring Serbian citizenship on this basis is excluded. In this way, the child of both parents who were citizens of the Republic of Serbia at the time of the child’s birth can acquire Serbian citizenship, as well as a child born in Serbia if one parent is a citizen of Serbia, or a child born abroad if one parent is a Serbian citizen and the other is unknown or stateless.
2. By Birth on the Territory of the Republic of Serbia – A child born or found on the territory of the Republic of Serbia acquires citizenship at birth if both parents are unknown, stateless, or if the child is stateless. The child is considered a citizen of the Republic of Serbia from birth.
3. Naturalization – One of the most common ways to acquire Serbian citizenship is through naturalization. The individual wishing to acquire citizenship in this way must submit the appropriate application and provide documentation proving they meet the legal conditions for naturalization (full age and legal capacity, proof of discharge from foreign citizenship or proof they will acquire foreign citizenship upon naturalization, written statement that they consider Serbia their country).
One of the main conditions is that the foreigner must have granted permanent residence according to the Foreigners’ Law and have registered residence in Serbia for at least 3 years. Conditions for acquiring Serbian citizenship by naturalization may vary depending on the applicant. For example, if the applicant was born in Serbia and has permanent residence in Serbia, they will only need to submit a written statement that they consider Serbia their country. The same applies to those married to a Serbian citizen for at least 3 years and who have permanent residence in Serbia.
Naturalization is acquired on the day the decision on naturalization is delivered.
4. Based on Ratified International Agreements, with Mutual Reciprocity.
Termination of Citizenship of the Republic of Serbia
The Citizenship Law of the Republic of Serbia stipulates that citizenship may cease through renunciation, release, or based on ratified international agreements.
- Release – Citizenship of the Republic of Serbia ceases if the individual submits a request for release, meeting the legal requirements (full age, no military obligations, all legal obligations settled, no pending criminal proceedings, etc.). In exceptional cases, release may not be granted if it is in the interest of national security or economic interests.
- Renunciation – An adult citizen of Serbia who was born and resides abroad can submit a renunciation statement from Serbian citizenship until the age of 25.
- Based on Ratified International Agreements.
Procedure for Acquiring and Terminating Serbian Citizenship
The Ministry of Internal Affairs is the body that decides on applications for acquiring and terminating Serbian citizenship. All data relevant for acquiring and terminating Serbian citizenship are recorded in a special register in the civil registry – the Citizens’ Registry. This registry is maintained by diplomatic and consular representations abroad.
Unified Permit
Foreigner on the territory of the Republic of Serbia enjoy certain rights, and an immigration lawyer can assist in exercising those rights. Some of these rights are automatic (such as the right to security), while others require specific procedures. Notably, the right to work is one of the most common reasons a foreigner may be in Serbia.
Before starting work, it is necessary to obtain a work permit. Previously, the work permit was a separate document, but under current regulations, a so-called unified permit (combining temporary residence and work permit) is obtained.
Thus, for a foreigner to obtain temporary residence in Serbia based on employment, they must submit the appropriate request and provide the necessary documentation. This is called a unified application, requesting both residence and work permits. The application is submitted exclusively electronically. The required documentation includes a valid travel document or other identification, a proposed employment contract, the employer’s internal regulations showing the existence of a position for the foreigner, and confirmation that the foreigner meets the requirements for the position.
Unlike other temporary residence applications, for employment in Serbia, proof of financial means or health insurance is not required. The unified permit is issued in the form of a biometric card, which means the foreigner must come to Serbia to provide biometric data and collect the card.
Legal Services We Provide
- Providing verbal and written legal advice;
- Obtaining unified permits for foreigners;
- Initiating procedures and representing foreigners in procedures before administrative authorities for the approval of temporary residence, permanent residence, citizenship, and other matters related to foreigner and immigration law;
- Establishing companies for foreigner and representing them, as well as establishing branches and representative offices of foreign legal entities;
- Legal analysis of the market and providing investment consultations to foreign individuals;
- Drafting all types of legal documents according to client needs.
If you are looking for a reliable and experienced immigration lawyer, our team is ready to offer expert legal assistance in immigration law. Whether you need support with temporary or permanent residence, acquiring citizenship, or resolving other legal matters related to foreigners’ rights, you can count on our expertise and dedication.
With years of experience working with foreigners wishing to live, work, or invest in the Republic of Serbia, we offer services tailored to your needs. We help you achieve your rights without stress and complications, whether it’s obtaining a unified work and residence permit, representation before competent authorities, or advice on visa regimes.
Frequently Asked Questions
The process usually takes up to 30 days from the submission of the application, assuming the documentation is complete and properly prepared. However, additional checks or case complexities may extend this time. It’s important to seek professional legal assistance to avoid mistakes and speed up the process.
Yes, it is possible to acquire Serbian citizenship even if you were not born in Serbia. This can be through naturalization if you have permanent residence in Serbia for at least three years and submit the required application and documentation. If you are married to a Serbian citizen for at least three years or have Serbian ancestry, the process may be further simplified.
An immigration lawyer is crucial in situations such as:
- Submitting requests for temporary or permanent residence.
- Regulating work permits.
- Acquiring citizenship.
- Establishing a company or doing business in Serbia.
Expert legal aid allows you to avoid legal mistakes, expedite procedures, and ensure compliance with Serbian laws.