Cutting Red Tape: Serbia's Simplified Permit Procedure For Foreign Employees

• Law Firm: Schoenherr Attorneys at Law
• Subject Matter: Employment and HR, Immigration, Contract of Employment, General Immigration, Work Visas
• Author: Ms Marija Vlajkovic
• Published date: 22 August 2023

On 4 August 2023, the latest amendments to the Serbian Law on Foreigners and Law on Employment of Foreigners entered into force, with the most significant amendments taking effect starting from 1 February 2024.

The alterations may be attributed to the need to accelerate and simplify the permit procedure, global affairs that have led to a notable increase of foreign citizens entering Serbia in the past year, as well as to a general effort to bring Serbian legislation closer to EU standards in terms of the security of documents granted to foreign citizens.

Unified permit

One of the most significant amendments to the law has been the issuance of a unified permit to foreign citizens for the reasons of employment or professional specialisation, training, and internship, effectively replacing work permits. Previously, it was necessary for foreign citizens to first obtain a temporary residence permit from the Serbian Ministry of Interior Affairs ("MIA"), after which the foreigner's Serbian employer would apply for the foreigner's work permit at the Serbian National Employment Service ("NES"). The two permits have now been combined to form a unified, single residence and work permit, issued by the MIA, that enables foreign citizens to simultaneously obtain the right to both. This unified permit, as well as the temporary residence permit can now be valid for a maximum of three years, which is a significant improvement from the one-year validity term prescribed for the duration of temporary residence permit by the previous legislation.

Exemptions

Due to work permits being abolished, certain categories of foreigners are exempt from obtaining a unified permit in order to work in Serbia. Examples of these include foreigners who have been granted temporary residence on the basis of family reunification with a member of a Serbian citizen's immediate family, ownership of real estate, studies, scientific research, volunteering or a humanitarian stay, as well as foreigners who have been approved for permanent residence and foreigners who have been granted asylum or temporary protection.

Submitting a request

The request for issuance or extension of the unified permit shall be submitted electronically, through a publicly accessible portal on the internet, by the foreigner, their employer or persons authorised by them. The request for a foreigner who, in accordance with the visa regime, does not require a visa to enter Serbia, can either be submitted during the period of the...