Residence permit in Serbia during the previous years is procedure that is quite common and sought by foreigners wishing to live in Serbia. Good geographic position, climate conditions, business opportunities and many other advantages are the main reasons why increasing number of foreigners are seeking residence permit in Serbia.
The Serbian residence permit guarantees legal residence at the territory of the Republic of Serbia and offers different kinds of benefits for foreigners.
Residence permit in Serbia can be granted to a foreigner who intends to stay in the Republic of Serbia for longer than 90 days in a period of 180 days, longer than the period of stay determined by an international agreement, i.e. longer than the period for which the visa was issued for a longer stay, based on different legal basis.
Whole process of immigration to the foreign country is never a simple process and it requires a compliance with a set of procedures and compliance with local regulations. In this article we will explain the whole procedure regarding obtaining Serbian residence permit and all possible doubts. Further, we will inform on different grounds based on which a foreigner may obtain residence permit in Serbia.
What is residence permit Serbia
Residence permit is a document that enables foreigners to reside and live legally in Serbia. Obtaining Serbian residence permit is obligatory for all foreigners wishing to live in Serbia.
Residence permit may be temporary or permanent, and depending on which permit you applied for, the procedures for obtaining permit differ. Permanent residence is a document which approves a long-term residence in the Republic of Serbia, while by temporary residence permit a foreigner may be granted a residence for a period of up to three years.
Serbian residence permits types
If you are planing to submit the request for Serbian residence permit, it is important that you have visa D, if it is mandatory, subject to a visa regime of the country whose nationality you have. Namely, visa D is a long – stay visa and it should be obtained if visa regime for the country you are coming from is such that it is mandatory to have visa D. Visa regime is different depending on the country of foreigner’s nationality, and you can check your visa regime on the following link https://www.mfa.gov.rs/en/citizens/travel-serbia/visa-regime.
As stated, Serbian residence permit can be temporary residence and permanent residence. In following lines we will explain the difference and procedure for obtaining:
- long – stay visa, i.e. visa D;
- temporary residence;
- permanent residence.
Long – stay visa
Long – stay visa is permission for foreigner to entry and stay on the territory of the Republic of Serbia for a duration of 90 to 180 days. Therefore, if you wish to submit the request for obtaining residence permit in Serbia and visa regime for the country of your nationality requests issuance of visa D, then you shall firstly obtain long – stay visa. The visa application is considered and decided upon by the diplomatic-consular representation in whose consular territory the applicant legally resides. The request for issuing a visa is submitted in person, or electronically, on the prescribed form, at the earliest three months before the start of the intended trip.
When applying for a visa, a foreigner submits:
– completed visa application form;
– travel document;
– photograph;
– proof of the paid visa fee;
– evidence of the purpose and reasons for staying in the Republic of Serbia;
– invitation letter;
– appropriate and valid travel health insurance.
As for travel document that needs to be submitted, a foreigner must submit a foreign travel document that is valid for at least three months after the planned date of departure from the Republic of Serbia, contains at least two consecutive blank pages, and was issued within the last ten years.
When applying for long – stay visa applicant must provide evidence of:
– purpose of the trip;
– sufficient funds for accommodation expenses or other accommodation-related evidence;
– the amount of available funds for subsistence during the intended stay and for returning to the country of origin or habitual residence;
– other evidence that can confirm the applicant’s intention to leave the Republic of Serbia before the requested visa expires;
– evidence or documents that are required when submitting an application for temporary stay in the Republic of Serbia.
The deadline for deciding on issuance of visa is 15 days from the day of receipt of the request. However, in case of justified reasons, mentioned deadline can be extended up to 30 days. In case of issuance of the decision by which the request for issuance of visa is denied, applicant has right to appeal within eight days from the day of receipt of the decision.
Temporary residence permit in Serbia
Temporary Serbian residence permit is a permit for stay of a foreigner at the territory of the Republic of Serbia. Residence permit in Serbia may be granted to the foreigner who intends to stay at Serbia for more than 90 days in a 180 days period or longer than the stay period specified in international agreements, or longer than the period for which a long-term visa is issued.
Residence permit may be issued on the following grounds:
– employment;
– schooling or learning the Serbian language;
– studies;
– participation in international student exchange programs;
– professional specialization, training and practice;
– scientific research work or other scientific educational activities;
– family reunification;
– performing religious services;
– treatment or care;
– ownership of real estate;
– humanitarian stay;
– status of presumed victim of human trafficking;
– the status of a victim of human trafficking;
– other justified reasons in accordance with the law or international agreement.
In case the basis for applying for residence permit is employment or professional specialization, training and practice, competent authority issues single permit, while in all other cases a residence permit is issued. For more details on single permit take a look at our article about different types of work permit in Serbia.
Documents for obtaining Serbian temporary residence
Request for approval of temporary residence may be submitted personally or electronically and documentation necessary for application are:
– valid passport or a valid identity card of the state whose national foreigner is, if in accordance with the applicable regulations, entry to the Republic of Serbia with an identity card is possible;
– proof of means of subsistence during the planned stay;
– a statement of residence or address in the Republic of Serbia;
– proof of health insurance during the planned stay;
– evidence of the justification for the request for approval of temporary residence in accordance with the grounds mentioned above;
– proof of payment of the prescribed administrative fee.
Regarding the identity document that must be submitted with the request, we note that the legal condition is that document must be valid for at least three months longer than the period for which approval of temporary residence is requested.
As for the duration, residence permit in Serbia for temporary residence may be granted for a period of up to three years and may be extended for the same period. The request for extension of temporary residence permit must be submitted for three months at the earliest, and no later than the expiration of the validity period of the temporary residence permit.
Permanent residence permit in Serbia
Permanent residence is the approval of a foreign citizen’s long-term stay in the Republic of Serbia. Permanent residence permit in Serbia will be granted to a foreigner who meets the legal requirements (section below) and who has been staying in the Republic of Serbia continuously for three years on the basis of a temporary residence permit.
Therefore, in order to apply for obtaining permanent residence permit you must previously have approved temporary residence permit in Serbia. More precisely, at the moment of applying for permanent residence you must have approved temporary residence permit in Serbia.
However, we note that in case you have approved temporary stay in the Republic of Serbia on the basis of studies or education, you cannot apply for permanent residence in the Republic of Serbia. But, if you spent a certain period of time on a temporary residence permit based on studying or education in the Republic of Serbia, and later changed the grounds of your stay in the Republic of Serbia, you may submit a request for permanent residence. Bear in mind that only half of the time you spent in the Republic of Serbia based on studying or education can be counted towards the time required for approval of permanent residence.
The Ministry of Internal Affairs decides on the request for the permanent residence of a foreigner in the Republic of Serbia within 60 days from the date of submission of the request.
Documents for obtaining permanent residence
Application for approval of permanent residence is submitted to the Ministry of internal affairs and following documentation must be submitted:
- a valid personal or official passport, or a valid identity card from a country whose citizens, in accordance with current regulations, may enter the Republic of Serbia with an identity card;
- proof of sufficient means of subsistence;
- proof of health insurance;
- evidence justifying the request for approval of permanent residence;
- proof of payment of administrative fee.
A foreigner who has been granted permanent residence is issued an identity card for a foreigner. Bear in mind that you must be personally present to collect issued identity car.
Naturalization requirements
In case a foreigner who has been approved for permanent residence wishes to apply for admittance to the citizenship of the Republic of Serbia, there are some conditions that need to be fulfilled when submitting the request:
- she/he has reached 18 years of age and that he has not been deprived of her/his business capacity;
- she/he has a release from her/his foreign citizenship or submits proof that she/he will receive a release if she/he is admitted to the citizenship of the Republic of Serbia;
- she/he had a registered residence on the territory of the Republic of Serbia for at least three years before submitting the application;
- to submit a written statement that she/he considers the Republic of Serbia to be her/his country.
However, in case a foreigner has approved permanent residence and has been married to a citizen of the Republic of Serbia for at least three years, can be admitted to the citizenship of the Republic of Serbia if she/he submits a written statement that he considers the Republic of Serbia to be her/his country.
Citizenship of the Republic of Serbia is acquired by admission on the day of delivery of the decision on admission to citizenship of the Republic of Serbia. However, when the only condition for acquiring the citizenship of the Republic of Serbia by admission is the declaration of recognition of the Republic of Serbia as one’s country, the citizenship of the Republic of Serbia is acquired on the day of the declaration.
Residence permit by investment
- real estate
- business investment / opening a company
Real estate
Residence permit on the grounds of real estate ownership may be granted to the applicant who, along with general conditions for approval of residence permit, provides evidence of ownership of property.
Law prescribes that property refers to residentials building and apartments, over which foreigner may have ownership right. Namely, foreigner’s right to acquire property rights on immovable property is limited and is possible only for citizens of countries with which there is reciprocity. At the following link you can determine whether there is a reciprocity between Republic of Serbia and country of your nationality in acquiring property rights. https://www.mpravde.gov.rs/tekst/3579/pravo-stranaca-da-sticu-nepokretnosti.php
Business investment/opening a company
In case a foreigner wishes to obtain residence permit in Serbia through establishing a company, this legal ground is considered as applying for residence through employment, i.e. self – employment. Therefore, in this case foreigner shall apply for issuance of single permit and fulfill conditions we already wrote in our article about work permit in Serbia. Further to that, opening a company in Serbia is also a process that requires fulfillment of certain steps and procedures.
This ground for applying and obtaining residence permit in Serbia is quite common and it is our suggestion that it should be done with adequate legal assistance.
However, we note that, regardless of the grounds for approval of temporary residence prescribed by law and previously stated, temporary residence in Serbia may be granted to a foreigner who makes an investment in a company already registered in the Republic of Serbia, that is, in the activity of that company by investing in basic tangible and intangible assets. In this case, a foreigner must, besides fulfilment of general conditions for issuance of residence permit, submit a certificate or statement on the possession of funds in a bank account registered in the Republic of Serbia in the amount of at least EUR 50,000.00.
Moreover, Serbian residence permit may be granted also to a foreigner who founded a company in the Republic of Serbia whose innovative activity is recognized (confirmed) by a registered science and technology park, one of the founders of which is the Republic of Serbia, an autonomous province, the city of Belgrade or a local self-government unit (so-called “startup”). In this case, a foreigner must submit additionally a document issued by a registered science and technology park, which confirms that the activity of a company founded by a foreigner in the Republic of Serbia is recognized as an innovative activity.
Employment
A foreigner who intends to reside and work in the Republic of Serbia, i.e. to carry out professional specialization, training and practice, is obliged to submit an application for the issuance of a single permit during the period of legal residence.
Single permit encompasses residence permit and work permit and the request for issuance of single permit must be submitted when the ground for obtaining temporary residence permit in Serbia is employment or professional specialization, training and practice. Therefore, on the basis of a single permit, a foreigner has the right to temporary residence and work in the Republic of Serbia.
With the application for the issuance of a single permit, the applicant shall submit:
- a valid personal passport, i.e. a valid identity card of the country whose citizen can enter the Republic of Serbia with an identity card;
- proof of the justification of the request for the issuance of a single permit in accordance with the regulations regulating the employment of foreigners, as well as other documents at the request of the competent authority;
- address of residence, i.e. statement of intended address of residence for a foreigner who submits a request for issuance or extension of a single permit from abroad.
The personal passport must be valid for at least three months longer than the period for which the issuance of a single permit is requested.
Family reunification
Temporary residence based on family reunification can be granted to a foreigner, a member of the immediate family of a citizen of the Republic of Serbia, a member of the immediate family of a foreigner with approved temporary residence or permanent residence in the Republic of Serbia, as well as a member of the immediate family of a foreigner who has been granted asylum in the Republic of Serbia. Spouses, common-law partners, their children born in or out of wedlock, adopted children or stepchildren up to the age of 18 who have not concluded marriage, as well as parents or adoptive parents of children up to the age of 18, who did not conclude the marriage, are considered to be immediate family. The applicant must fulfill general conditions for approval of residence permit, mentioned above.
A foreigner who is granted temporary residence on the basis of family reunification with a foreigner granted temporary residence in the Republic of Serbia is granted temporary residence until the expiration of the validity period of the temporary residence permit of the foreigner with whom family reunification is requested. On the other side, a foreigner who is granted temporary residence on the basis of family reunification with a foreigner who has been issued a single permit shall be granted temporary residence until the expiration date of the single permit of the foreigner with whom family reunification is requested.
Conclusion
The Serbian residence permit guarantees legal stay for foreigners in Serbia and it can be sought based on many grounds. As explained, for different kind of grounds different specific conditions are prescribed, among the general ones. Immigration to another country is always a challenging process, yet with right legal support it can be smooth and easy.
Living in Serbia and obtaining residence permit has its advantages – starting from business opportunities, quality of life, costs of life and other aspects.
If you wish to start your process of obtaining Serbian residence permit do not hesitate to contact our team that will provide you with full legal support through your process.
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.
