If you are a foreigner interested in staying in Serbia, it is essential to familiarize yourself with the possibilities of legal residence for the period that interests you. While employment with a domestic employer is the most common basis for long-term stay in Serbia, there are many other situations that serve as a basis for legal residence, such as establishing a limited liability company, registering as an entrepreneur, purchasing real estate, and more. In the following article, we will present all the possibilities for residing in Serbia and the conditions for their realization.
I The first question – do you need a visa to enter Serbia?
Before considering the grounds for residence in Serbia and deciding to come to the country, it's crucial to know whether you need to obtain a visa before crossing the border.
The answer to this question depends on the country whose passport you hold, so it's necessary to first check the current regime for your country, which you can do on the official website of the Serbian Ministry of Foreign Affairs under the 'Visa Regime.'
For example, if you hold a passport from the Russian Federation, no visa is required for entry into Serbia, and based on such border crossing, you can stay in Serbia for a maximum of 30 days. (Note: this type of entry does not imply the right to work in Serbia during that period – a permit will be required for performing work in the Republic of Serbia, and you can learn more about obtaining it in our article). If you possess a Swedish passport, you will have the right to stay in Serbia for up to 90 days within a 6-month period without a visa (thus, if there are interruptions in your stay in Serbia, it's important that the total duration of your stay does not exceed 90 days within a 180-day period from the day of the first entry into Serbia).
If, upon checking the provided link, you determine that you do not need a visa to enter Serbia, you can stay in Serbia for the indicated period. However, if your intention is to stay in Serbia for a longer duration or engage in any business activities on its territory, you will need to take further steps to regulate your stay. In that case, continue reading from point III of this article.
II What if I need a visa to enter Serbia?
In this case, it's important to know that the Serbian Law on Foreigners ("Law") recognizes 3 types of visas:
Airport transit visa (visa A);
Short-stay visa (visa C);
Long-stay visa (visa D).
Visa A
Regarding this visa, it's important to note that it can be required only if the Government of the Republic of Serbia determines that citizens of certain countries, for reasons of security of the Republic of Serbia and its citizens, must have an airport transit visa. In other cases, if a foreigner does not leave the international transit area of the airport or aircraft during a layover in the Republic of Serbia, this visa is not necessary. In any case, foreigners who do not require a visa to enter the Republic of Serbia, foreigners with a valid visa to enter Serbia or residence permit, family members of Serbian citizens, and certain other categories listed in the Law, do not obtain this visa.
2. Visa C
If you wish to visit the Republic of Serbia for a short period, for example, as a tourist, and if you are required (based on the passport you hold, as explained) a visa to enter Serbian territory, you can apply for a Visa C. This short-stay visa, as defined by the law, provides approval for entry into the Republic of Serbia, transit through its territory, or stay on the territory of the Republic of Serbia for up to 90 days within any 180-day period, counting from the day of the first entry. It is important to note that a short-stay visa cannot be the basis for applying for temporary residence in the Republic of Serbia.
3. Visa D
On the basis of a long-stay visa (Visa D), entry and stay on the territory of the Republic of Serbia are granted for a duration of 90 to 180 days. This visa is issued to foreigners who, in accordance with the visa regime for entering the Republic of Serbia, require a visa to enter Serbia and intend to submit a request for approval of temporary residence in the Republic of Serbia. (For information on temporary residence, read Chapter III, point 2). Foreign nationals who have been issued a long-stay visa based on employment can exercise the right to employment in accordance with regulations.
4. How do you obtain a visa?
Regardless of the type of visa, the visa application is submitted and decided upon by the diplomatic-consular mission of Serbia, in the country in which the applicant legally resides (with exceptions for urgent travel and, in the case of a short-stay visa, which can be issued at the airport in exceptional cases and under special conditions, which we will not focus on at this moment).
We will not extensively cover the list of documentation required for visa approval and the conditions for visa approval at this point, given the concept and scope of this blog. If you have any questions, you can contact us at office@r-legal.net, or you can obtain further information about the laws and bylaws governing these matters, through the links we will share at the end of the text.
III Types of residence (stay) in Serbia
Regardless of whether your entering the territory of the Republic of Serbia required a visa or not, depending on the intended length of stay and other circumstances, your stay will have to meet the conditions for one of the four types of residence recognized by the Law. These types of stays are as follows:
1. Short-term stay
Short-term stay refers to:
a) stay without a visa (if no visa is required for entry) for a duration of up to 90 days within a 180-day period, counting from the first entry (unless otherwise specified by an international agreement for the country whose passport you hold - for example, as said above, for citizens of Russian Federation, it is a stay up to 30 consecutive days ), as well as
b) stay based on a short-stay visa (Visa C).
Therefore, regardless of whether you entered the territory of the Republic of Serbia without a visa because it was not necessary based on your passport, or you obtained a Visa C before entering Serbia, you have fulfilled the conditions for a short-term stay.
According to the Law, the place and address where a foreigner stays for more than 24 hours is considered residence. In order to have a lawful stay, this fact must be reported to the competent authorities, based on what you will receive the so-called "white card." Depending on where you are staying, this obligation can be fulfilled in several ways:
a) Firstly, if you are staying in a hotel or another type of accommodation for a fee, the accommodation provider (not you) is obliged to report your stay within 24 hours from the moment of providing accommodation services.
b) If you are visiting someone, the legal entity/entrepreneur/individual you are visiting is also obliged to report your stay within the same deadline, calculated from the moment of your visit. There is an option for electronic reporting of residence through the eGovernment portal.
c) Finally, if you are staying outside the cases mentioned in points a and b, you are required to report your residence within 24 hours of entering the Republic of Serbia or changing your residence.
2. Stay based on a long-stay visa
3. Temporary residence
If you intend to stay in Serbia for a period longer than a short-term stay without a visa (more than 90 days in any 180-day period or longer than the period specified by an international agreement), or longer than the validity of a long-stay visa (if you obtained a Visa D before entering Serbian territory), it is necessary to obtain temporary residence permit. We remind you that a short-stay visa cannot be a basis for applying for temporary residence.
The Law prescribes 14 grounds on which a foreigner can be granted temporary residence. These grounds are:
Employment in the territory of the Republic of Serbia;
Schooling or learning Serbian language;
Studying;
Participation in international exchange programs for students;
Professional specialization, training, and practice;
Scientific research or other scientific and educational activities;
Family reunification;
Performing religious service;
Treatment or care;
Ownership of real estate;
Humanitarian stay;
Status of a presumed victim of human trafficking;
Status of a victim of human trafficking;
Other justified reasons in accordance with the law or an international agreement.
To obtain a temporary residence permit, you need to submit an application with the appropriate documentation specified in the law and bylaws. In cases involving work in Serbia (points 1 and 5), a request for temporary residence is not submitted, but a request for a unified permit is submitted (which includes a temporary residence permit and a work permit). More on the employment of foreigners in Serbia and unified permit can be found in our article.
Recently, it has become possible to submit requests (and accompanying documentation) electronically. Of course, instead of personally submitting the request, you can authorize a lawyer to assist you in the permit acquisition process.
In accordance with the latest amendments, temporary residence is now granted for a period of up to three years and can be extended for the same period.
If you stay in Serbia based on a long-stay visa, it is important to note that the basis for applying for temporary residence must be identical to the basis for issuing a long-stay visa.
As mentioned in the case of short-term stay, it is necessary for the foreigner to report the address where they will reside (in this case, it is referred to as the 'residence address') based on which they obtain the white card necessary for applying for temporary residence approval. In this case, it is assumed that you have found accommodation for a longer period, i.e., hotel accommodation is not acceptable in this case.
4. Permanent residence
This type of residence refers to the long-term stay of a foreign national in the Republic of Serbia and is granted to a foreigner who has been residing continuously in the Republic of Serbia for three years* based on the approval of temporary residence, provided there is evidence justifying the request for permanent residence, and other formal conditions are met (i.e., the submission of appropriate documentation proving them).
*Continuous residence is considered the effective stay of a foreigner on the territory of the Republic of Serbia, with the possibility of multiple absences from Serbia for up to ten months or a single absence for up to six months, within a period of three years.
In addition to this category, permanent residence can be granted to a foreigner who is:
a minor if one of the parents is a citizen of the Republic of Serbia or a foreigner with approved permanent residence; or
of Serbian origin; or
of Serbian descent; or
if it is in the interest of the Republic of Serbia; or
has been residing in the Republic of Serbia continuously for more than three years based on approved asylum status, as well as family members who meet the conditions for approval of permanent residence.*
*In these cases, there are specific procedures and conditions, depending on which of the five mentioned grounds is applicable.
To obtain approval for permanent residence, it is necessary to submit the appropriate documentation specified by regulations. After obtaining permanent residence, the foreigner will receive a 'foreigner's ID card' and will be equal in rights and obligations to the citizens of the Republic of Serbia, except for those rights and obligations from which they are exempt based on the Constitution and laws.
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At the end, it is important to note that each application is accompanied by certain administrative fees, which you will be informed about in the relevant part of the procedure (depending on whether the specific application is submitted physically or electronically, the fee will be payable either before submitting the application based on payment instructions or online when submitting the application).
Useful links:
The Law on Foreigners (only in Serbian);
eConsulate (in English);
If you have any questions that we haven't addressed, feel free to contact us at: office@r-legal.net.
Note: The information provided in this article is for informational purposes only and does not constitute legal advice.
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