Amendments to the Serbian Law on Foreigners and the Law on Employment of Foreigners (“the Laws”) were published in the Official Gazette of the Republic of Serbia no. 62/2023 of July 27, 2023, and entered into force on August 4, 2023. The key novelties introduced thereby shall be presented below.
Certain amendments to the Laws started to apply on the very day of entry into force; however, the application of the largest number of provisions pertaining to the facilitating of procedure for issuance of approvals and permits to the foreigners is delayed until February 1, 2024 - until the adoption of related by-laws and fulfilment of necessary material and technical requirements.
As already noted, the main objective of the amendments to the Laws is to digitalize administrative procedures with regards to the regulation of foreigners’ status in Serbia, as well as to liberalize the procedure of their employment.
The amendments to the Laws established a unified procedure for issuing temporary residence and work permit to a foreigner.
Namely, a foreigner shall be issued a unified permit for temporary residency and work in Serbia, in a proceeding conducted before the Ministry of Interior of the Republic of Serbia (the Administration for Foreign Citizens), which involves the participation of the National Employment Service (“NES”) as well.
The subject procedure is conducted electronically - the request is filed through a unified web portal (“Unified Portal”) and supported by all necessary documents in the same manner. The unified permit is issued as a biometric document (instead of previously used sticker in the foreigner’s passport) and it may be approved for a period of three years (with the possibility of extension).
In addition to the foreigner, the request for issuance of the unified permit may also be submitted by the employer (on behalf of the foreigner), or a person authorised by them. The competent authority shall decide upon the filed request within 15 days (from the submission of complete request).
For certain categories of foreigners (a foreigner whose immediate family member is citizen of Serbia and a foreigner who is establishing employment in Serbia), the procedure of obtaining the unified permit is furthermore facilitated,as they are not obliged to provide a proof of subsistence or health insurance.
During the validity of the unified permit, a foreigner and/or employer on behalf of the foreigner (or a person authorised by them) may file a request for change of the basis of work or employer, or for employment with two or more employers - also through the Unified Portal. This request shall be decided upon by the local NES unit, within 10 days after the receipt of the complete request, while the approvalshall be delivered to the applicant in the same manner (through the Unified Portal).
Regardless of the legal basis upon which it is being granted, the temporary residence may be approved for a duration of up to three years (instead of one year, as it was prescribed before) and it may be extended for the same period (depending on the grounds on which it is being approved in each specific case).
In addition, a deadline for filing the request for extension of the temporary residence permit is lengthened, hence it may be filed no earlier than three months and no later than the expiry of validity of the unified permit (instead of previously prescribed obligation to file the request no later than 30 days before the expiry of the temporary residence permit).
The foreigner shall be obliged, within 30 days from the day of termination of employment contract or another contract pursuant to which they exercise work-based rights outside employment, to conclude a new contract (employment or other appropriate contract), otherwise they shall be subject to legal requirements pertaining to the entry, movement, residency and return of foreigners. In other words, the foreigner shall not automatically lose the right to stay and work in the Republic of Serbia on the day of termination of work engagement based on which their permit has initially been issued, but rather get an opportunity to find another employment in the stated period and thus maintain their status.
It has been specified in which cases a foreigner may perform work in Serbia without the unified permit (e.g., foreigners whose temporary stay was granted on the basis of family unification with a citizen of the Republic of Serbia or with a foreigner who has been granted permanent residence, on the basis of ownership over real estate, humanitarian stay, scientific and research work, volunteering etc.).
Permanent residence in Serbia may be granted after three years of continuous residency in the subject territory (instead of five years, as it was prescribed before).
Request for approval of permanent residence is also submitted through the Unified Portal, whereas foreigners who have been granted the permanent residence shall be entitled to work in Serbia without the obligation to obtain the unified permit.
In addition, a new basis for granting permanent residence has been introduced - Serbian origin,based on which a foreigner may be granted permanent residence in Serbia regardless of the duration of their residency on the respective territory.
Work engagement in the Republic of Serbia has also been facilitated for foreigners who possess a long-term visa (so-called visa D) issued based on employment, given that the stated visa represents both the approval for residence and work - during the period of its validity (a maximum of 180 days).
The request for this visa is filed personally, also in electronic form andno earlier than three months before the intended arrival to Serbia.
In addition, the assessment procedure conducted by the NES to check the fulfilment of requirements for a foreigner’s employment, special cases of for employment of foreigners and self-employment is also regulated.
Namely, as regards the seconded employees and cases of intercompany mobility,it is prescribed that the said assessment shall be done for a period of up to three years, with possibility of extension also up to three years (whereas prior to the adoption of these amendments the work permit for seconded employees and cases of intercompany mobility could be issued for a period of up to one year, and extended for a maximum of two years).
The obligation to keep evidence on fulfilment of requirements for employment of foreigners in business premises where the foreigner works has ceased to exist, wherefore the employers may keep these documents in accordance with their organisational capacities and needs.
Also, fines for non-compliance with the legal provisions have been increased.