Temporary stay and employment of foreigners

Published:
31/01/2024
Published in:
Newsletter

In the Official Gazette of the Republic of Serbia, number 6 dated January 26, 2024, sublegal acts were published that further regulate the temporary stay and employment of foreigners on the territory of the Republic of Serbia, namely:

  1. Regulation on the Approval of Temporary Stay
  2. Regulation on the Issuance of a Unified Permit for Temporary Stay and Work of a Foreigner
  3. Regulation on the Submission of Applications for Permanent Residence Electronically.

1. Regulation on the Approval of Temporary Stay

This regulation prescribes detailed conditions for the approval of temporary stay, the appearance of the application for temporary stay approval, and the format of the temporary stay permit.

The request for approval or extension of temporary stay is submitted on the prescribed form or electronically by completing the online application form on the Foreigners’ Portal.

The regulation also elaborates on the evidence that must be submitted with the temporary stay approval request, with different evidence required depending on the basis for stay in the territory of the Republic of Serbia (education, employment, family reunification, medical treatment, etc.).

If the conditions for temporary stay approval are met, the foreigner is obliged to personally appear at the address of the competent authority to provide their biometric data.

After the collection of biometric data, the foreigner reviews the information and provides consent that their personal data is accurately and correctly recorded. Following this, a confirmation of the initiated process of issuing the temporary stay permit card is issued to the foreigner in person. The confirmation includes the foreigner’s identification number.

The format of the temporary stay permit card is rectangular, with both a front and back side, resembling an ID-1 card with an embedded chip.

The front side of the temporary stay permit card includes the title “TEMPORARY STAY PERMIT” and the following details: the foreigner’s surname and first name, date of birth (day, month, and year of birth), gender, nationality, permit registration number, expiration date of the document, purpose of stay, a photograph of the foreigner, an image of the owner’s signature, and a note.

The temporary stay permit indicates whether the foreigner granted temporary stay has the right to work in the Republic of Serbia, in accordance with the provisions of the law regulating the employment of foreigners.

This regulation comes into effect on February 1, 2024. Procedures initiated in accordance with the regulations that were in force before the enforcement of this regulation will be concluded in accordance with those regulations.

A foreigner who has been granted temporary stay, with the sticker affixed to their travel document or the decision on approved temporary stay handed over to them, in accordance with the regulations that were in force before the enforcement of this regulation, continues to reside in the Republic of Serbia until the expiration of the approved temporary stay period, in accordance with the regulations under which temporary stay was granted.

2. Regulation on the Issuance of a Unified Permit for Temporary Stay and Work of a Foreigner

This regulation prescribes detailed conditions for the submission and processing of requests for issuing a unified permit for temporary stay and work of a foreigner through electronic means. It also specifies the conditions for issuing the unified permit and outlines the format of the permit form.

The request for issuance or extension of the unified permit is submitted electronically by the foreigner, the employer on behalf of the foreigner, or an authorized representative.

When submitting the request for the issuance of the unified permit, the following documents must be attached:

  • Valid personal or official passport;
  • Evidence justifying the request, in relation to the specific basis for issuing the unified permit and
  • Residence address, home address, or a statement about the intended address of residence for the foreigner submitting the request for the issuance of the unified permit from abroad.

This regulation outlines the grounds for submitting a request for the issuance of a unified permit, which include:

  • Employment,
  • Seconded person,
  • Movement within a company,
  • Independent professional,
  • Training and improvement, and
  • Self-employment.

The front side of the unified permit form includes the title “TEMPORARY STAY AND WORK PERMIT” and the following details: the foreigner’s surname and first name, date of birth (day, month, and year), gender, nationality, registration number of the unified permit, expiration date of the document, purpose of stay, a photograph of the foreigner, an image of the owner’s signature, and a note. The note on the permit card also includes the designation “unified permit.”

During the validity of the unified permit, the foreigner, the employer on behalf of the foreigner, or a legal or natural person authorized by the foreigner or the employer can electronically submit a request for consent to change the basis of employment, change of employer, or for employment with two or more employers on the Foreigners’ Portal, within the service intended for issuing a unified permit to the foreigner.

This regulation comes into effect on February 1, 2024. A foreigner to whom temporary stay and a work permit have been granted, in accordance with the regulations in force until the start of the application of this regulation, continues to reside and work until the expiration of the approved temporary stay and work permit period, in accordance with the law.

3. Regulation on the Submission of Applications for Permanent Residence Electronically

This regulation prescribes detailed conditions for submitting applications for approval of permanent residence electronically.

To submit an application and communicate with the competent authority, the foreigner needs to have a registered account on the unified web portal for foreigners (Foreigners’ Portal), after which a Unique Electronic Mailbox is assigned to them.

The request is submitted by selecting the appropriate service on the Foreigners’ Portal, filling out the online application form, and is considered successfully submitted when the foreigner is informed of the receipt of the request.

This regulation came into effect on January 27, 2024.

Download NEWSLETTER in PDF format by clicking HERE.

For any additional consultation or legal assistance, you can contact the Tasić & Partners team by email at [email protected] or by phone at +381116302233.

 

Share on

Scroll