Immigration law & Rights of foreigners

The basis for the employment of foreigners in the Republic of Serbia and getting work permit is the Law on Employment of Foreigners or an international agreement.

The Law on Employment of Foreigners guarantees the equal position of foreigners as citizens of the Republic of Serbia in exercising their rights and obligations arising from employment. Namely, a foreigner who is employed in Serbia  has the same rights and obligations from the employment relationship as a citizen of Serbia. That is if he meets the conditions prescribed by the Law on Employment of Foreigners.
The general employment regime for foreigners in Serbia prescribes the necessary documentation for their employment in Serbia:

1. Visa for a longer residence (for employment)
2. Permission for temporary residence or permanent residence
3. Work permit: a) personal work permit b) work permit

Visa for a longer residence

Visa is permission to enter the country.

A visa for a longer residence of a foreigner (who wants to be employed by an employer in Serbia) is issued for a period of 90 to 180 days by the diplomatic-consular mission of Serbia in the country from which the foreigner is coming.

Temporary residence permit

There are several different types of residences for foreigners, of which we will point out:

1. Short-term residence
2. Temporary residence
3. Permanent residence

1) Short-term residence of foreigners is a residence:

• foreigners without a visa for up to 90 days per period of 180 days from the date of first entry
• on the basis of a visa for a shorter stay

2) Temporary residence:

Temporary residence is a residence permit of a foreign citizen in the Republic of Serbia and may be approved to a foreigner who intends to stay in the Republic of Serbia for more than 90 days on the basis of:

• employment (if submitted on this basis, it can be submitted together with the application for a work permit)
• schooling or learning the Serbian language
• studying
• participation in international student exchange programs
• professional specializations, trainings and practices
• scientific research work or other scientific educational activities
• family reunification
• performing religious services
• treatment or care
• real estate ownership
• humanitarian residence
• status of the presumed trafficked;
• the status of victims of trafficking
• other justified reasons in accordance with the law or an international agreement.

The application for temporary residence is submitted to the Ministry of Interior in person or electronically.

Documentation submitted for the residence permit:

• a valid personal or official passport
• proof of means of subsistence during the planned stay
• registration of residence or residential address in the Republic of Serbia
• proof of health insurance during the planned stay
• evidence of the justification of the request for a temporary residence permit
• proof of payment of administrative fees
Temporary residence is approved for a period of one year and is extended for the same period.

Permanent residence

Permanent residence is a type of long-term residence permit of a foreign citizen in the Republic of Serbia.

Permanent residence is approved to a foreigner who has resided in the Republic of Serbia continuously for more than 5 years, on the basis of a temporary residence permit.

In addition, a foreigner who has received a temporary residence permit on the basis of study or schooling in Serbia may not submit a request for permanent residence on that basis. On the other hand, if such a foreigner is employed in Serbia after completing his / her studies, he / she can count half of the time spent on studies in the time required for approval of permanent residence.

Exceptionally, permanent residence will also be approved to the foreigner:

• who is in the territory of the Republic of Serbia in a marital or extramarital union with a citizen of the Republic of Serbia or a foreigner who has permanent residence. It is necessary that the foreigner has had an approved temporary residence of at least 3 years
• a minor on temporary residence in the Republic of Serbia, if one of the parents is a citizen of the Republic of Serbia or a foreigner who has permanent residence
• who is originally from the Republic of Serbia
• other foreigner who has a temporary residence, if it is required by reasons of humanity or it is in the interest of the Republic of Serbia

Documents to be submitted for obtaining a permanent residence permit:

1. valid foreign personal passport;
2. proof that he has means of subsistence;
3. proof of health insurance;
4. registration of the address of residence in the Republic of Serbia;
5. evidence of the justification of the request for approval of permanent residence;
6. proof of payment of the prescribed administrative fee.

Personal work permit

Personal work permit is a work permit that allows a foreigner Free choice of employer and employment in Serbia.

A personal work permit is issued in the following situations:

1. a foreigner has a permanent residence permit
2. a foreigner has refugee status
3. an foreigner belongs to a special category of foreigners
4. at the request of close family member of a foreigner who has a permit for permanent or temporary residence
5. at the request of a close family member of a citizen of the Republic and a foreigner of Serbian origin up to the third degree of kinship in the direct line, up to the age of 21
A personal work permit is issued to a foreigner who has a permanent residence permit while the ID card for foreigners lasts.
A work permit is issued to a member of the foreigner’s immediate family for the duration of the residence permit.

Work permit in Serbia

In addition to a personal work permit in Serbia, a foreigner or a member of his family may be issued a work permit in Serbia.

Unlike a personal work permit, a work permit in the narrower sense allows a foreigner to perform only the type of work for which the permit was issued.
A work permit in the narrow sense is issued at the request of the employer. Therefore, a work permit in this sense gives narrower rights to a foreigner than a personal work permit.

Employer at whose request a work permit was issued:

• cannot send a foreigner to work for another employer
• is obliged to register a foreigner for compulsory social insurance, in accordance with the law
• bears the costs of issuing a work permit and cannot transfer it to a foreigner

A work permit is issued on the basis of a visa for a longer stay on the basis of employment for the period of validity of such visa.

There are several types of work permits:
1. work permit for employment
2. work permit for special employment cases
3. work permit for self-employment.

Work permit for employment in Serbia

A work permit for employment is issued at the request of the employer.

Conditions that must be met on the part of the employer:

• the employer, before applying for a work permit for employment, did not dismiss employees due to technological, economic or organizational changes in the jobs for which a work permit for employment is required
• the employer, 10 days before submitting the application for a work permit for employment, did not find adequate workers:

1. citizens of Serbia
2. persons who have free access to the labor market
3. a foreigner with a personal work permit

Conditions that must be met on the part of the employee:

• must have a visa for a longer residence on the basis of employment
• must have a temporary residence permit
• must meet all the requirements of the employer (knowledge, skills, qualifications, previous experience)

A work permit for employment is issued for the employment of a foreigner who cumulatively has:
• visa for longer residence based on employment (visa D)
• temporary residence permit

A work permit for employment is issued for the planned period of employment, but no longer than the duration of temporary residence (maximum up to one year, with the possibility of extension).

Work permit in Serbia for special employment cases

A work permit for special employment cases is issued at the request of the employer.

A work permit for special employment cases is issued for:

1. seconded persons
2. movement within the company
3. independent professionals
4. training and development

1. Work permit for seconded persons is a permit for persons employed by a foreign employer.

The reason for issuing the permit is to perform services on the territory of Serbia, based on the concluded agreement on business-technical cooperation with a foreign employer.

Conditions for issuing work permits to persons addressed:

• foreigner has a visa for a longer residence on the basis of employment or a temporary residence permit foreigner
• proof that the referred person has been employed by a foreign employer for at least one year
• act on sending to temporary work in the Republic which contains:

The period for which this permit is issued is a maximum of one year, but it can be extended for two year with the consent of the Ministry of Labor.

2. Work permit for movement within the company

A work permit for movement within a company registered abroad is issued at the request of a branch or subsidiary registered in Serbia. A branch or subsidiary may submit a request for the issuance of this work permit under certain conditions:

• A foreigner has been employed by a foreign employer for at least one year in the following jobs:

1. manager
2. specialists in certain areas

• A foreigner will perform the same jobs in Serbia as he / she did abroad

Conditions for issuing a work permit for movement within a company registered abroad:

• foreigner has a visa for a longer residence on the basis of employment or a temporary residence permit foreigner
• proof that the referred person has been employed by a foreign employer for at least one year
• act on sending to temporary work in the Republic which contains:

1. manner of exercising rights and obligations from work
2. way of accommodation and food during work

The period for which this permit is issued is a maximum of one year, but it can be extended for two year with the consent of the Ministry of Labor.

3. Work permit for independent professionals

This type of permit is issued at the request of the employer or the end user of services.

Conditions that must exist on the part of an independent professional:
• a long-stay visa on the basis of employment or a temporary residence permit;
• concluded contract with the employer or end user of services, which must contain a deadline for performing the work
• appropriate higher education and / or technical qualifications and prescribed work experience in the profession.
The term for which it is issued is a maximum of one year.

4. Work permit for training and advanced training

This type of permit is issued at the request of the employer or a foreigner.

The reason for issuing a license is to perform:

• training
• internship
• professional practices
• professional training
• professional development

Conditions that must be met:

• foreigner has a temporary residence permit
• the foreigner has a contract with the employer on training, internship, training practice

The contract with the employer contains:

• place of training or advanced training
• duration of training or advanced training

The period for which this permit is issued is a maximum of one year, but it can be extended for another year with the consent of the Ministry of Labor.

Work permit for self-employment

Work permit for self-employment is issued at the request of a foreigner who has a visa for a longer residence based on employment or a temporary residence permit in Serbia.
Documents that the foreigner must prepare:

• a statement on the type, duration and scope of the activities he / she plans to engage in
• proof that he has the appropriate qualifications to perform a specific activity
• a pre-agreement or contract proving the right of ownership or lease of business space in which the activity will be performed
• a statement of the number and structure of the person planning to hire

The period for which this permit is issued is a maximum of one year, but it can be extended for another year.

In addition to these conditions, the foreigner must start performing the activities for which he was issued a permit within 90 days of receiving the permit.

You can always contact our team for  support.