In our blog post about residence permit in Serbia we have explained the procedure for obtaining residence permit in accordance with different legal basis. However, a dynamic environment and changing life circumstances may sometimes require a change in the basis of temporary residence. Those are situations where, for example, one may wish to change residence basis from employment to self – employment, by opening a company in Serbia.
In following lines we will explain in what situations change of residence basis may be requested and what is the procedure for such process.
What Does “Change of Residence Basis” Mean in Serbia?
Modern life carries a lot of dynamics and changes, so legal framework should be aligned with such requirements. For that reason, Serbian legislation provides for a possibility to apply for a change of residence basis upon which residence permit was initially approved.
That means that during period of validity of temporary residence permit there might occur some circumstances that request the change of the basis upon which initial residence permit was approved.
When Is It Necessary to Change the Basis of Residence?
Firstly, it is important to determine whether, due to visa regime for Serbia, you need visa D, i.e. visa for longer stay in order to enter Serbia. Visa D is approval to reside in Serbia for period from 90 up to 180 days. If you wish to reside longer for a period to which visa D is issued, then you must file application for residence permit.
However, it is necessary that the purpose of stay on which you are applying for temporary residence is identical to the purpose for which your visa D was issued.
This means that if you applied for visa D based on real estate investment is Serbia, then the same basis should be applied when submitting application for temporary residence.
In case you wish to change the basis, i.e. in the meantime during visa D period some circumstances occur and you wish to apply for temporary residence now based on employment, then it will not be possible to do it on the basis of already approved visa D, which was approved on the basis of real estate ownership. In that case, a whole new procedure for obtaining visa D should be conducted, with different basis and then application for residence permit may be submitted.
Switching from Employment to Self Employment
Common situation in practice is when foreigner who has approved residence permit and work permit based on employment wishes to switch to self employment, or to change the basis of employment. Therefore, it is a situation where person that obtained work and residence permit based on concluded employment agreement in Serbia decides to terminate such agreement and establish a company in Serbia or open entrepreneurship in Serbia.
What it is important is that such request for changing the basis of employment should be submitted during the validity of the single permit (work and residence permit).
Also, law prescribes very short deadline for submitting such request – only 20 days from the day of termination of employment agreement, so it is important to engage a legal professional, immigration lawyer in Serbia, to ensure that the entire procedure is carried out within the prescribed deadlines and in full compliance with the legal requirements.
Changing employer or employment at two and more employers
Also, one often situation that occurs is changing the employer during validity of single permit. In many cases there might come to the termination of employment in Serbia, in which case a procedure for changing the employer should be initiated.
This procedure should be also initiated during the validity of work permit and also within the deadline of 20 days from termination of employment. Considering extremely short deadline it is important to act promptly and to engage employment lawyer for negotiations with employer during termination phase, in order to avoid possible issues.
Eligibility Criteria
Request for change of employment basis or change of employer can be submitted by foreigner having valid work and residence permit. Besides that, it is important that conditions for approval of new basis of employment, i.e. new basis for residence permit are fulfilled.
In that sense it is important to collect timely all needed documentation and submit it timely to the authorities.
Required Documentation for changing the basis of temporary residence in Serbia
Depending on the application that is to be submitted there is a set of documentation that needs to be collected and submitted.
General Documents
Besides application form that needs to be duly fulfilled with all required data, some of the general documents that need to be submitted are:
- valid passport;
- valid residence permit;
- proof of payment of administrative fee.
Specific Documents Depending on the New Basis
Besides general documents submitted with application, it is necessary to submit specific documents related to the new basis. Those documents differ considering the new basis for residence and work permit and should be determined in each case.
As an example, if you wish to change residence and work permit form employment to self employment, first step will include registering a company in Serbia (followed by opening a bank account in Serbia). In that sense, one of the specific documents you will need to provide to the authorities is company registry excerpt.
Application procedure for changing the basis of residence
Application procedure involves several steps:
- Preparation of all necessary documentation;
- Preparation of application form;
- Payment of administrative fee;
- Submission of the application;
- Collecting decision.
Most Common Challenges and Risks
Most typical challenges in this process involve application denial due to uncomplete documentation or submitting application based on invalid basis. Further to this, it is important to emphasize that deadline for submission is very short, so one common risk is untimely submission of the application.
Therefore, before initiating such process it is recommendable to engage a legal professional who can guide you through the whole process.
FAQ about residence basis change in Serbia
Yes, there is no need to leave the country.
No, it is important to have valid residence permit while submitting the application.
Having in mind short deadlines and strict process, we recommend that you engage legal professional to assist you.
Conclusion on how to change residence basis in Serbia
Changing the basis of residence in Serbia is possible; however, it requires timely preparation and accurate documentation to ensure compliance with the legal framework.
Foreigners are advised to regularly follow official updates from the competent authorities or seek professional assistance from an immigration lawyer to navigate the process smoothly and avoid potential delays or rejections.
This article is for informational purposes only and does not constitute legal advice. If you need additional information regarding the topic in question, please feel free to contact us by email at office@ncrlawyers.com or by phone at +381677049551.
