Employment on Foreigners | Updates of Serbian regulation in 2024
16.07.2024
16.07.2024
New rules and amendments to the Law on Foreigners entered into force in February 2024. The main reason for the changes is to attract an even higher number of foreign nationals to the Serbian labor market through improved working and residence conditions for foreigners, thereby facilitating their employment in Serbia.
They are targeted at all foreigners who are considering coming to Serbia, whether they are foreign citizens as non-residents or foreign legal entities.
The changes mainly relate to the extension of their period of stay and work in our country, but also to the significantly simplified administrative procedure in the process of obtaining permits. Long-term positive changes can also be seen from the aspect of benefits for those foreigners who are allowed to come and work in Serbia:
Below are the details and all the most important information regarding the changes to the Law on Foreigners.
Unlike the previous regulations, on the basis of which residence and work permits could be obtained for a period of one year, the new law has now made it possible to significantly extend this period. The period of temporary residence of foreigners who most often come to Serbia for employment has now been extended, so it can be approved for a period of up to three years.
More precisely, up to three years.
In this way, efficiency is achieved in terms of the work of state administrative bodies, services and departments responsible for working with foreigners. It also applies to institutions that are in charge of tasks related to the approval of visas, residence and work permits.
Then, administrative costs are reduced because there is no more repetition of the same procedures once a year (temporary residence and visa are no longer extended every year).
The amendment to the Aliens Act reduced the time period after which foreign nationals can apply for permanent residence. Instead of five years, as was the case under the previous regulations, they can now request permanent residence after three years.
The most important condition is to stay in the country for three consecutive years, based on an approved temporary stay in Serbia. It only applies to the stay on the basis of which a request for permanent residence can be submitted. Other conditions that must be met, as well as special cases, are defined by the Law on Foreigners.
The request for approval of permanent residence can be submitted in person, as well as electronically. Also, a foreign citizen who has been approved for permanent residence is issued an identity card for a foreigner by the competent authority. The download requires the personal presence of the foreigner, in order to take his biometric data.
When talking about digitalization, the importance of digitalization and the development of electronic administration is recognized in Serbia. The digital establishment of companies was introduced and accepted, followed by electronic signing, and the next step on that path is, as expected, the digitization of procedures related to the rights of foreign citizens in Serbia.
In this sense, a significant novelty refers to the complete digitalization of the administrative procedure for obtaining temporary residence and work permits. Starting from February 1, 2024, the procedures for obtaining a residence permit (temporary residence), as well as work permits, have been fully digitalized.
Complete administration is now done online, through the eGovernment portal, through which all persons from the diaspora can now perform a large number of actions electronically. This possibility applies both to Serbian citizens who live and work in the diaspora (abroad), as well as to foreign citizens.
Also, digitalization includes online application for Visa D. Foreign citizens who come to Serbia for employment and who need a Visa D (long-term visa) to enter the country can submit an online request for an application. Applying for a D Visa based on employment is done exclusively through the eConsulate portal.
Another novelty that also follows the course of the introduction of digitization is the unique permit. It can also be said that one of the most important changes was regulated by the Law on Foreigners, as it concerns the issuance of a single permit for the residence and work of foreigners in the Republic of Serbia. It is a unified permit for temporary residence and work of foreign citizens in the Republic of Serbia.
In other words, it is now one integrated permit instead of two separate ones – 1. temporary residence permit and 2. work permit. As such, the approved single permit gives foreigners the right to temporary residence and work in the Republic of Serbia. The foreigner is obliged to respect it and stay in accordance with the reason for which it was issued.
The request for issuing or extending a single permit is submitted electronically, through a single portal for foreigners. It can be issued for a period of up to three years, and it can also be extended for the same period.
It is issued in the form of a biometric card that contains all the basic elements that previously contained two separate permits. This includes data on the type of permit, then personal data on the foreigner, the validity period, as well as data on the issuing authority. As such, it is proof of identification, as well as of his legal stay in the country.
The following amendment refers to a larger number of grounds for granting temporary residence in the RS. In accordance with the Law on Foreigners, if it is considered to be in the interest of the Republic of Serbia, the Government can establish special categories of foreigners, as well as the criteria, method and conditions for granting temporary residence to foreigners, by means of a special act.
These specific categories of foreign nationals include:
According to the current regulations, temporary residence, as a permit for the residence of a foreign citizen in the Republic of Serbia, can be granted to a foreigner who intends to reside in the Republic of Serbia on various grounds:
Let’s remember, in the first enumeration, we mentioned specific categories as news, if it is considered to be of interest.
When it comes to the employment of foreigners, we mean every type of employment and establishing an employment relationship for foreign nationals. In this case, a unique permit is issued for them and these include:
In addition to employment, a unique permit is also granted to a foreigner who intends to reside and work in the Republic of Serbia, i.e. to carry out professional specialization, training and practice. In all other cases, a temporary residence permit is issued.
A stay is granted to a foreigner who intends to stay longer than 90 days in Serbia, and in a period of 180 days, then longer than the period of stay determined by an international agreement, i.e. longer than the period for which a long-stay visa was issued. We wrote in detail about this topic.
Employers (legal entities) who do not comply with legal provisions and employ foreign nationals contrary to the law, will be fined. The fine for this economic offense ranges between 800,000 and 2,000,000 dinars. Then, there is a fine for the responsible person in the company, as a legal entity, which amounts to between 50,000 and 150,000 dinars.
For an employer of an entrepreneur, the fine for violating the law is from 100,000 to 500,000 dinars.
Another novelty in the matter of tightened control refers to the possibility of a ban on activities. If a foreigner comes to Serbia on the basis of an invitation letter from the company, and then resides and works illegally, and if the employer as the inviter does not take measures to ensure the conditions for the legal stay and work of the foreigner on the basis of a long-stay employment visa, he will be additionally sanctioned . In other words, the employer may be ordered to ban the activity.
The Agency for Accounting Services HLB TM DOO provides professional services for submitting applications for residence and work permit and other supporting documentation for the issuance of unique permits to foreigners. Contact us.
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