On 25th of April, 2019 National Assembly of the Republic of Serbia has adopted a Law on Amendments and Supplements to the Law on Foreigners, which has stepped into the force on 7th of May, 2019, except the provision of the Article 1. and Article 5 which will apply as of 1st of January 2020, and Article 6. which will apply as of 1st of December, 2020. (“Law”)
Reason for the adoption of the law concerns liberalization of the procedure for issuance of the work permit on the basis of long-stay employment visa, simplification of the procedure for the acquirement of the temporary resident permit and introduction of the E-administration within the ambit of this administrative area. By the amendments and supplements of the said Law, the business ambient is being adjusted and modified toward the needs of the foreign investors, therefore creating fertile ground for foreign investments.
An important novelty of the Law relates to the opportunity of the foreign citizen to obtain the right to work in the Republic of Serbia on the basis of already issued long-stay employment visa. Law on Employment of Foreigners provides explicitly that work permit issued on the basis of long-stay employment visa can last for the period of the duration of such visa. In connection with that provision, this Law provides that if the business engagement of the foreign citizen lasts longer than the duration of the issued visa, a foreign citizen may file the request for acquiring temporary residence on the basis of the employment before the expiration of the visa. By introducing these solutions, lawmaker provides the opportunity for the foreign citizen to acquire right to work in the Republic of Serbia already after obtaining of respective visa and therefore facilitates the process of employment of foreign citizen by eliminating temporary residence as a condition to be employed within the border of the Republic of Serbia.
Besides such, the Law introduces permanent obligation of the diplomatic and consular representation to obtain prior concurrence of the Ministry of Interior Affairs before issuance of the visa, which is the novelty in comparison to previous legal solution that imposed such obligation only for the countries from the list assembled and delivered by the Government of the Republic of Serbia.
Among the important innovations in the light of simplification of the administrative procedures, the lawmaker prescribed the possibility for the foreign citizen to file the request for issuance or extension of the temporary residence personally or electronically, whereas foreign citizen also dwells on the possibility to electronically file the request for issuance of the temporary residence permit from abroad. Minister of the inferior affairs shall thoroughly regulate procedures and conditions of such electronic service by the adopting specific Act on this matter in accordance with the Law.
Further, concerning administrative reliefs, this act prescribes the possibility of the foreign citizen to file a conjoint request for acquiring or extension of the temporary resident alongside with the request for a work permit, personally or by electronic means.
Moreover, in view of an array of the basis for acquiring a temporary residence in the Republic of Serbia, the lawmaker included one exemption, by prescribing that temporary residence can be acquired by specific categories of foreigners determined previously by the act of the Government of the Republic of Serbia.
In regards of acquiring of temporary permit on the basis of gathering of the family, provisions of this amendment and supplements redefined the notion of family by encompassing spouses, cohabitation partners, juvenile children born during the marriage or beyond the marriage, adopted juveniles or stepchildren juveniles that are not married, as well as parents and adopter of the juvenile children that are not married.
If you seek further information and legal assistance concerning the submission of the request for acquiring or extension of the temporary residence, submission of the conjoint request or you are interested in gathering stark information regarding the possible basis for acquiring the temporary residence, please don’t hesitate to contact us.
Disclaimer: This text is written for informational purposes only as well as to give general information and understanding of the law, not to provide specific legal advice. For any additional information feel free to contact us.