The Government of the Republic of Serbia has proposed amendments to the Law on Foreigners and the Law on Employment of Foreign Citizens, which are set to take effect on February 1, 2024. During this period, state authorities will finalize necessary regulations and technical preparations for implementing these laws.

The proposed changes primarily focus on introducing a unified permit that combines both a residence and a work permit, streamlining the application process, extending the validity of these permits, and imposing stricter entry conditions, forced expulsion procedures, and higher fines for violations.

These amendments are driven by the increased influx of foreign nationals into Serbia and the growing need for a more efficient and less bureaucratic process for obtaining work and residence permits. The current legal framework has proven cumbersome for both foreign citizens and local employers, hindering timely and efficient permit processing. The proposed changes aim to simplify and accelerate the process, aligning it with labor market needs.

I. Unified Permit for Residence and Work

The amendments introduce a unified permit that grants foreign nationals the right to both reside and work in Serbia. Previously, foreigners had to apply separately for temporary residence and a work permit. The new system allows a single application for a unified permit, applicable to employment, self-employment, professional specialization, training, or practice. This permit can be valid for up to three years, depending on individual circumstances.

II. Changes in the Application Process

Applications for the unified permit and temporary residence will now be submitted exclusively through the eUprava portal. While online submissions were previously possible, most applications were still made in person at the Immigration Office. Employers can now submit applications on behalf of foreign employees, which is a new provision, as previously only the foreign citizen could submit the application.

The amendment also shortens the processing time to 15 days from the submission of a complete application, compared to the previous process, which often took up to two months. Additionally, foreign nationals can apply for the renewal of their permits within a 30-day window before their current permit expires, resolving past issues with strict renewal deadlines.

III. Biometric Document for the Permit

The amendments specify that all temporary residence or unified permits will be issued as biometric documents, replacing the previous temporary residence labels in passports. This move aligns Serbia’s documentation standards with European security practices. All foreign nationals granted temporary residence will have their biometric data collected, including a photo, fingerprints, and a signature. This biometric document also allows foreign nationals to use services available to Serbian citizens on the eUprava portal, such as electronic signatures for legal and administrative purposes.

IV. D-Visa for Employment

Under the new amendments, foreign nationals from countries requiring a D visa for stays of up to 180 days to work will no longer need to obtain a separate work permit after arriving in Serbia. The D visa itself will be sufficient to begin work, allowing individuals to manage both their residence and employment status from their home country before arriving in Serbia. This change will benefit domestic employers, particularly those hiring foreign workers for short-term projects.

V. Stricter Obligations for Inviting Parties, Forced Eviction, and Fines

While the amendments introduce greater flexibility for obtaining residence and work permits, they also strengthen measures to prevent irregular migration and abuse of the system. The responsibilities of individuals or organizations inviting foreign nationals to Serbia are clearly defined. In cases of illegal migration following a visa issuance, the inviter may be held responsible for covering the costs of the foreign national's accommodation in a shelter and their return to their home country.

Finally, to ensure better compliance with the new regulations, the penalties for violations have been significantly increased. This includes higher fines for non-compliance with the updated laws on foreigners and the employment of foreign citizens.

If you have any questions regarding this topic, feel free to contact attorney Marko Leković: marko.lekovic@zslaw.rs or your regular contact person in Živković Samardžić Law Office.