25
Sat, May
62 New Articles

Regulation of the Status of Foreigners in Serbia from now on Only Electronically

Regulation of the Status of Foreigners in Serbia from now on Only Electronically

Serbia
Tools
Typography
  • Smaller Small Medium Big Bigger
  • Default Helvetica Segoe Georgia Times

In the Official Gazette of the Republic of Serbia no. 6/2024 from January 26, 2024, the following by-laws have been published:

  • Rulebook on Issuing a Unified Permit for Temporary Residence and Work of a Foreigner;
  • Rulebook on Approval of Temporary Residence; and
  • Rulebook on Electronic Submission of a Request for Permanent Residence.

The aforesaid rulebooks on the issuance of a unified permit for temporary residence and work of foreigners, and on the approval of a temporary residence came into force on February 1, 2024, while the rulebook governing the electronic submission of a request for permanent residence became effective on January 27, 2024.

Below is an overview of the most significant provisions of each of the above-mentioned enactments.

Rulebook on Issuing a Unified Permit for Temporary Residence and Work of a Foreigner

The most significant novelty prescribed by this regulation is that the request for issuing a unified permit for temporary residence and work to a foreigner can now be submitted exclusively in electronic manner.

This request can be filed by:

  • a foreigner, in which case it is necessary to be registered, i.e., to create an account on the so-called “Portal za strance”;
  • employer (on behalf of the foreigner), through an authorized person, in which case it is necessary to be registered on “eUprava” portal; or by
  • a person authorized by them.

The request can also be filed from abroad. The employer can submit a request for issuing a unified permit individually or collectively for a larger number of individuals, based on the same grounds.

After successful registration, the applicant is assigned a Unique Electronic Mailbox (the so-called “eSanduče”), through which notifications and instructions for further proceedings are delivered to them.

The prescribed documentation is attached to the request, which partially depends on the grounds for issuing the unified permit. All evidence is submitted in the form of an electronic document in its original form or as a digitized document. In addition, the evidence which isn’t issued by the competent authorities of the Republic of Serbia or in Serbian language need to be submitted with a translation made by an official court interpreter.

When submitting a request for issuing a unified permit based on employment, the employer initiates the labor market test. The respective request is submitted simultaneously with the request for issuing a unified permit, whereby it can be submitted on “eUprava” portal at the earliest 60 days before and at the latest on the day of submitting of the request for issuing a unified permit. Based on the conducted labor market test and submitted evidence, the National Employment Service shall assess compliance with conditions, by using the evaluation “fulfilled”, which includes the time period for which the subject evaluation is valid, or the evaluation “not fulfilled”, with providing reasons for why the conditions have not been met in the specific case. This information is then forwarded to the competent authority within the Ministry of Internal Affairs (the Administration for Foreigners).

If all conditions are fulfilled, the outcome of the process is the issuance of the unified permit card, which is delivered to the foreigner personally, and this is preceded by verifying the foreigner’s identity by the acting police officer, as well as taking their biometric data and checking whether the prescribed fees, i.e., charges have been paid.

Rulebook on Approval of Temporary Residence

The request for approval or extension of temporary residence is now also submitted exclusively through electronic means, i.e., by filling out the appropriate online application form on “Portal za strance”.

The request is submitted by a foreigner, based on one of the grounds for approving temporary residence prescribed by the Act on Foreigners.

As with the request for issuing a unified permit, the evidence is attached in the form of an electronic document in its original form or as a digitized document, whereby documents that are not issued by the competent authorities of the Republic of Serbia or in Serbian language need to be submitted with a translation by an official court interpreter. The request also includes, among other things, a proof that the foreigner has means to support themselves during the planned stay in the Republic of Serbia, as well as a proof of health insurance covering the territory of the Republic of Serbia, whereby the subject rulebook specifies what is considered an appropriate proof.

If the conditions for approving temporary residence are met, the foreigner is obliged to personally visit the premises of the competent authority, to provide biometric data and receive a confirmation of the initiated process of issuing a temporary residence permit (in the form of a card). Prior to collecting biometric data, a police officer shall verify the foreigner’s identity based on their foreign travel document or ID, and confirm whether the prescribed fees, i.e., charges have been paid.

In case the temporary residence is approved, the permit card is delivered to the foreigner in person.

Rulebook on Electronic Submission of a Request for Permanent Residence

Finally, electronic submission is also envisaged regarding the submission of a request for permanent residence in the Republic of Serbia, i.e., through the registered account of the foreigner, created on Portal za strance, by selecting the appropriate service, i.e., filling out the online request form, after which the foreigner is assigned a Unique Electronic Mailbox, i.e., “eSanduče”.

More information about the new Rulebook on Approval of Permanent Residence, published in the Official Gazette of the Republic of Serbia no. 118 on December 28, 2023, is available in one of our previous texts, which is available here.

This article is to be considered as exclusively informative, with no intention to provide legal advice. If you should need additional information, please contact us directly.

By Borinka Dobrnjac, Senior Associate, and Minja Mucic, Junior Associate, PR Legal

Serbia Knowledge Partner

SOG in cooperation with Kinstellar is a full-service business law firm in Serbia that provides foreign and domestic clients with premium-quality legal advice and assistance across a wide range of key areas of corporate law. The firm was founded in 2015 by a group of seasoned, internationally-trained lawyers. SOG has developed a distinctively dynamic culture, bringing together top talent, fostering entrepreneurship, and maintaining exceptional relationships with its clients.

SOG has achieved consistent growth in the volume of its business, accompanied by an exponential increase in the number of hired associate lawyers and the firm’s network of business contacts. SOG has a robust client base of multinationals, investment and private equity firms, and financial institutions. Clients praise SOG for being commercially minded, very responsive and knowledgeable.

Establishing permanent cooperation with Kinstellar is part of realising SOG's long-term development strategy to be the leading provider of legal services in the Western Balkans market.

Firm's website: https://www.kinstellar.com/

 

Our Latest Issue