The new amendments to the law on foreigners and the law on the employment of foreigners, which will apply from 1 February 2024 ("Amendments"), significantly simplify and shorten the procedure for employment of foreign citizens in the Republic of Serbia and contribute to increased efficiency of the procedure, which will allow foreigners to be employed in the Republic of Serbia in a very short period of time.
Single permit
Namely, unlike the previous solution, which implied a previous obligation to regulate temporary residence, and then submit a request for a work permit, the Amendments introduce a single permit which will represent both a temporary residence permit and a work permit.
A single permit will be issued in a single procedure, conducted entirely before one authority - the Ministry of Internal Affairs of the Republic of Serbia. Within this single procedure, the competent authorities will carry out all necessary assessments and, if all conditions are fulfilled, issue a single permit.
The National Employment Service also participates in the process of issuing a single permit, by checking the fulfillment of the conditions for employment of a foreign citizen, as a form of preliminary opinion in the process of issuing a single permit. All of the evidence necessary to assess the fulfillment of the conditions for issuing a single permit will also be submitted electronically.
A single permit may be issued for a period of up to three years. Also, temporary residence, regardless of its basis, in accordance with the Amendments, may be approved for a period of up to three years, instead of the previous period of one year.
The Amendments specify in which situations a foreign citizen has the right to work in the Republic of Serbia without obtaining a single permit, i.e., certain categories of foreigners with regulated residence in the Republic of Serbia are granted the right to work without the obligation to obtain a single permit. These include primarily foreigners who have been granted temporary residence on the basis of ownership of real estate, on the basis of family reunification with a member of the immediate family of a citizen of the Republic of Serbia, as well as other categories of foreign citizens.
Digitization of the procedure
In addition, one of the significant novelties is the complete digitization of the procedure for issuing or extending a single permit, which significantly speeds up the procedure and contributes to its efficiency, and also enables the submission of requests from abroad. Namely, the submission of requests for the issuance of a single permit will be done electronically, through a publicly accessible web portal.
Labor market test
In addition, the Amendments are also significant for employers who employ foreign citizens directly, having in mind that the request for conducting the labor market test will also be submitted electronically on the web portal.
Biometric document
Further, the Amendments stipulate that the single permit, as well as the approval for temporary residency will be issued in the form of a biometric document, instead of the temporary residence sticker in the foreign citizens passport.
Temporary residency
For certain categories of foreigners who submit a request for approval of temporary residence in the Republic of Serbia, the procedure is further facilitated by the fact that they are exempted from the obligation to submit proof of means of subsistence and proof of health insurance during the planned stay in the Republic of Serbia. This benefit applies to the foreign citizen who is a member of the immediate family of a Serbian citizen and to the foreign citizen who submits an application based on employment.
Permanent residency
Also, the procedure for approval of permanent residency in the Republic of Serbia is changed. First of all, permanent residency may be granted to a foreign citizen after three years of continuous residency on the territory of the Republic of Serbia, instead of the previous five-year period. Also, a foreigner who has been granted permanent residency in the Republic of Serbia will have the right to work in the Republic of Serbia without a single permit.
In addition, it is important to emphasize that the application for permanent residency will also be submitted electronically.
D Visa
Work engagement of foreign citizens in the Republic of Serbia is also simplified for foreign citizens who apply for a long-term visa (D Visa). Namely, they are enabled to be employed immediately upon arrival to the Republic of Serbia, having in mind that D Visa issued on the basis of employment, simultaneously represents a residence and work permit during the period of validity of the issued visa, up to a maximum of 180 days. This change means that the authorities participating in the visa approval process will carry out all the necessary assessments and determine whether the conditions for issuance are met, while the foreign citizen is still abroad.
By Katarina Savic, Senior Associate, JPM & Partners
