On 26 July 2023, the National Assembly of the Republic of Serbia adopted the amendments to the Law on Foreigners and the Law on Employment of Foreigners, intending to simplify the process of obtaining residency and work permits for foreign nationals and thus making employment opportunities more accessible. These changes are scheduled to take effect from 1 February 2024.
The most significant developments introduced by the new legislation are as follows:
1) Unified Procedure for Residency and Work
The first major change concerns the abolishment of work permits. Instead of obtaining a residence permit and a work permit separately, foreign nationals will now be able to obtain one of the following permits:
- A temporary residence permit – for foreign nationals who only intend to stay in Serbia, or
- A unified permit – for foreign nationals who intend to stay and work in Serbia.
The procedure for obtaining the permit will be conducted before the Ministry of Internal Affairs of the Republic of Serbia (MUP RS).
2) Extended Permit Duration
Under the updated regulations, both the unified permit and temporary residence permit can be issued for a period of up to three years, with the possibility to request a renewal for an additional three years.
Furthermore, the deadline for submitting a request for the renewal of a temporary residence permit and the unified permit has undergone revision. As per the latest amendments, applicants can submit their renewal requests until the expiration date of their previously valid permit.
3) Application Process
Starting from 1 February 2024, the requests for a unified permit will be submitted exclusively through electronic means by a) the foreign national, b) the employer, or c) an authorized person, such as an attorney. On the other hand, the Law on Foreigners prescribes that the request for a temporary residence permit can be submitted by the foreigner, either electronically or personally.
Once the request is submitted, the deadline for the issuance of the permit is 15 days.
Finally, the permit will be issued as a biometric document (a card), which will replace the currently used temporary residence sticker in the foreigner’s passport.
4) Possibility of Work Without a Unified Permit
The amended Law on the Employment of Foreigners allows certain categories of foreigners to work in Serbia solely based on a granted temporary residence permit.
This exception applies to foreign nationals who obtained their temporary residence permit through ownership of real estate in Serbia, studying or international student exchange, and family reunification with a Serbian citizen, among others.
5) Accelerated Permanent Residence
The new regulations allow foreign nationals to be eligible for permanent residence after three years of continuous residence in Serbia, as opposed to the previously required five-year period. Once a foreigner obtains permanent residence, they can work in Serbia without the need for any additional permits and can even apply for Serbian citizenship.
6) Visa D for Temporary Work
If a foreigner is required to obtain Visa D (Visa for a long stay) in order to enter Serbia and the basis for obtaining Visa D is employment, such Visa D will be sufficient for both residence and work in Serbia for up to 180 days. In essence, Visa D will replace the unified permit for the limited duration of the Visa.
Once the Visa D expires, the foreigner will be able to apply for the unified permit.
7) Change of Employer and Personal Information Updates
In the event of a change of employer, foreign nationals will no longer need to acquire a new unified permit. Rather, it will only be necessary to submit an electronic request through the unified portal stating the change. If the change is approved, the foreigner will receive a confirmation and the information will be updated in the biometrically issued unified permit.
Furthermore, if a foreigner changes their name or surname during their stay in Serbia, they must obtain a new passport reflecting the updated personal data within six months.
Author: Jovana Marinković, attorney at law
