Uroša Martinovića 8, 11070 Beograd

Residence and work permit for foreigners

RESIDENCE OF FOREIGNERS IN THE REPUBLIC OF SERBIA

Registration of foreigners’ residence

Pursuant to the legislative and sub-legislative framework adopted in 2023 and 2024, a number of amendments and novelties have been introduced in this field.

These primarily concern the modification of conditions and grounds for acquiring the right to reside and work within the territory of the Republic of Serbia. One of the most significant innovations, aligning with current technological standards, is the digitalization of procedures for obtaining various permits and the introduction of new legal institutes. Accordingly, physical submission of documentation and lengthy queues are now a matter of the past, all applications must be submitted electronically.

The Law on Foreigners (“Official Gazette of the RS”, Nos. 24/2018, 31/2019 and 62/2023) (hereinafter: LoF) provides different legal bases for a foreigner’s stay in the Republic of Serbia, as follows:

Short-term stay – residence of a foreign national in the Republic of Serbia without a visa, for up to 90 days within any 180-day period from the date of first entry, unless otherwise determined by an international treaty, or on the basis of a short-stay visa (visa C).

Temporary residence – authorization granted to a foreign national to stay in the Republic of Serbia for more than 90 days within a 180-day period, beyond the duration determined by an international treaty, or beyond the period for which a long-stay visa (visa D) has been issued, on one of the following grounds:

  1. employment;
  2. schooling or learning of a foreign language;
  3. studying;
  4. participation in international exchange programs of pupils or students;
  5. professional specialization, training, or internship;
  6. scientific research or other educational-scientific activities;
  7. family reunification;
  8. performing religious service;
  9. medical treatment or care;
  10. ownership of real estate;
  11. humanitarian residence;
  12. status of a presumed victim of human trafficking;
  13. status of a victim of human trafficking;
  14. other justified reasons in accordance with the law or international treaty.

Depending on the ground, either a temporary residence permit or a single permit is issued. Specifically, in cases of employment, training, or internship, a single permit is required, whereas in all other cases a temporary residence permit must be obtained.

Applications for the issuance of these permits are decided by the Directorate for Foreigners, with the procedure differing depending on the legal basis chosen by the applicant. In all cases, it is necessary to submit the prescribed documentation and supporting evidence corresponding to the selected ground of residence. It is important to emphasize that a foreigner must indeed reside in Serbia for the purpose corresponding to the basis on which temporary residence or a single permit has been granted.

The most important innovation in this area is the introduction of the single permit, a new legal institute combining the authorization for residence and work into a single administrative act. This reform merges what were previously two separate but interdependent procedures, residence and work authorization, into one.

Permanent Residence – Long-term Stay Authorization

An application for approval of permanent residence is also submitted to the Directorate for Foreigners. The detailed conditions and the form of the application are prescribed by the Rulebook on Approval of Permanent Residence (“Official Gazette of the RS”, No. 118/2023).

In order to be eligible to submit such an application, a foreigner must meet additional conditions prescribed by Article 70 of the Law on Foreigners, including continuous residence in the Republic of Serbia for more than three years on the basis of a temporary residence permit or a single permit.

However, a foreigner who has been granted temporary residence in Serbia for the purpose of studying or schooling is not entitled to apply for permanent residence.

Continuous residence means actual residence within the territory of the Republic of Serbia. During the three-year continuous period, the foreigner may be absent from the Republic of Serbia multiple times for a total of up to ten months, or once for up to six months.

Permanent residence may also be granted under special conditions pursuant to Article 68 of the Law on Foreigners, namely:

  1. to a foreign minor, if one parent is a citizen of the Republic of Serbia or a foreigner with permanent residence;
  2. to a foreigner of Serbian origin;
  3. to a person of Serbian ethnic descent;
  4. to another foreigner, if this is deemed to be in the interest of the Republic of Serbia.

Another special case concerns foreigners who have continuously resided in Serbia for more than three years on the basis of granted asylum, as well as members of their immediate family. In such cases, not all requirements under Article 70 of the Law on Foreigners must be met, due to the specific nature of asylum conditions.

WORK PERMITS FOR FOREIGNERS

Single Permit – Authorization for Temporary Residence and Work of a Foreign National in the Republic of Serbia

Under the newly adopted legal framework, the process of residence registration and work permit issuance has been significantly simplified. All required documentation is submitted electronically via the Directorate for Foreigners’ portal. Although two authorities participate in the process, the Directorate for Foreigners (for the residence component) and the National Employment Service (for the employment component), applicants are no longer required to submit documents separately to each authority, thereby streamlining the entire procedure.

The single permit is issued in physical form as a biometric card, which the foreigner is obliged to carry at all times.

The adoption of the Amendments to the Law on Employment of Foreigners (“Official Gazette of the RS”, No. 62/2023) introduced a completely new concept governing foreigners’ right to work, harmonized with European standards and practice. The key novelty is the single permit, which, through a unified procedure, authorizes both temporary residence and the right to work, replacing the former dual-track system involving separate administrative proceedings before different authorities.

This enables a foreigner to obtain both authorizations simultaneously, through a single electronic application, thereby reducing administrative burdens and significantly expediting the decision-making process.

The law also introduces various types of work permits issued within the single permit framework, depending on the legal basis for employment:

  1. employment permit, when a foreigner enters into an employment contract with an employer in the Republic of Serbia;
  2. permit for self-employment, when a foreigner owns a registered business in Serbia;
  3. intra-company transfer permit, for individuals transferred to a branch or affiliated company of the same employer;
  4. permit for specialization, professional development, or internship, for persons not entering into an employment relationship but residing for professional engagement;
  5. special work permits, issued in exceptional circumstances (e.g. under international agreements, humanitarian reasons, etc.).

The procedure for issuing the single permit is conducted exclusively electronically via the Directorate for Foreigners’ portal, while the decision is rendered by the Directorate in cooperation with the National Employment Service. The decision period has been shortened, and the law provides for simplified renewal if the grounds for residence and work remain unchanged.

LEGAL SERVICES – RESIDENCE AND WORK PERMITS FOR FOREIGN NATIONALS

If your company requires legal assistance in registering residence and/or obtaining a work permit for a future employee who is not a citizen of the Republic of Serbia, please contact our office to arrange potential cooperation.