Living in Serbia: The Complete Guide for Foreign Nationals

Living in Serbia: A Growing Immigration Destination

In recent years, living in Serbia has become an increasingly attractive option for foreign nationals. Known for its liberal immigration laws, policies, and incentives aimed at foreign investments and experts, Serbia is quickly gaining popularity as an immigration destination. With various opportunities for companies and individuals, the country offers numerous advantages for those considering relocation.

Categories of Foreign Nationals Arriving in Serbia

Foreigners arriving in Serbia fall into two categories. First, those who don’t need a special visa. Second, those who do. Visas are mandatory for citizens of certain countries. This guide will thoroughly explain the three types of visas required for entering Serbia.

Types of Stay in Serbia

This section clarifies the three types of stay in Serbia. While you may already be familiar with temporary residence permits, it is important to distinguish between temporary residence, tourist stays, and permanent residency. After discussing key information about each type of stay, we will provide a detailed explanation of the procedures for obtaining a temporary residence permit in Serbia.

Benefits for Foreigners Coming to Serbia

There are numerous benefits for foreigners moving to Serbia. An entire chapter explains why many choose Serbia to live in or to start and expand their businesses.

Frequently Asked Questions

At the end of this guide, you will find a section with frequently asked questions that have been particularly useful to our clients who have already moved to Serbia.

Serbia’s Visa Regulations and Entry Conditions for 2024: Your Comprehensive Guide Continued

Overview of Entry Requirements to Serbia

If you are planning a trip to Serbia, one of your primary concerns might be whether you need a visa for entry and stay. The requirement depends on your nationality. Citizens from some countries must have a visa, while others can enter Serbia without one. If your country is listed as visa-exempt, you can proceed to the next section for general information on applying for residence. If not, the following details will be useful for you.

Three Types of Visas for Entering Serbia

The Foreigners Act specifies three types of visas for entry into Serbia:

1. Airport Transit Visa (Visa A)
2. Short-Stay Visa (Visa C)
3. Long-Stay Visa (Visa D)

Transiting Through Serbian Airports: Visa A

The Serbian government may require certain countries’ citizens to obtain this visa for security reasons. It is issued for up to six months and allows multiple transits through the airport’s international transit area without entering Serbia. However, a foreigner staying in the transit area during a stopover doesn’t need this visa. Recent amendments to the Foreigners Act abolished the B type transit visa. This visa, which allowed up to five-day stays during transit, now falls under the C type, or short-stay visa. When applying for an airport transit visa, applicants must provide proof of entry into their next destination.

Serbia Visa Guide: Short-Term and Long-Term Stay Visas Explained

Short-Stay Visa (Visa C)

The short-stay visa grants entry, transit, and stay in Serbia for up to 90 days within any 180-day period from the date of first entry. This visa is typically issued for business-related travels such as meetings or conferences. Applicants for a short-stay visa must provide documentation supporting:

• The purpose of the travel;
• Sufficient financial means to cover accommodation costs or any other proof of where they will be staying;
• Adequate funds available for the duration of the stay and for the return to their home country;
• Additional evidence to verify the applicant’s intent to leave the country before the visa expires.

Long-Stay Visa (Visa D)

The long-stay visa permits entry and residence in Serbia for a period ranging from 90 to 180 days. If a foreign national wishes to apply for temporary residence or a unified permit, this visa must be obtained prior to arrival in Serbia. It is crucial that the reason for applying for a long-stay visa matches the grounds for issuing a temporary residence permit. For example, if a Visa D is issued based on employment with a Serbian employer, applications based on family reunification cannot be submitted under this visa type.

Where to Apply for a Visa?

Visa applications should be submitted to the Serbian diplomatic or consular office in the country where the applicant legally resides. In urgent cases, applications can be submitted to the Serbian diplomatic mission in the country where the applicant is legally present, even if it is not their country of residence. Since May 2021, there is also an option to apply for visas online by clicking HERE

General Conditions for Issuing Visas for Stays in Serbia

• Applications must be submitted personally by the foreign national. Online applications are also accepted as previously mentioned. Exceptions may be made if it is determined that the applicant has properly used previous visas issued by our diplomatic mission in accordance with the law;
• Visa applications must be submitted on the designated form at least three months in advance;
• Travel documents must be valid for at least three months after the planned departure from Serbia, contain at least two consecutive blank pages, and have been issued within the last ten years.
• When applying for a visa, the applicant must provide the following:
  • A completed visa application form;
  • A passport;
  • A photo;
  • Proof of paid visa fee;
  • Documents clarifying the purpose and reasons for the stay in Serbia;
  • An invitation letter—if for a private or business visit, this should include commitments by the host to cover the stay expenses; appropriate and valid travel health insurance covering the duration of the stay in Serbia.

Attention to detail is crucial when submitting documentation as incomplete applications will be rejected, and all documents, including the visa fee, will be returned to the applicant. Decisions on visa issuance are typically made within 15 days of submission but can extend up to 30 days if justified reasons for a longer decision period exist. The validity of visas and the duration of the stay indicated cannot be exceeded, except for professional reasons or in cases of force majeure.

Residence Permit in Serbia: A Comprehensive Guide Continued

Not all foreign nationals require a visa to visit or stay in Serbia. If you do not need a visa to enter Serbia, you can consider three types of stays:

Types of Stay in Serbia

1. Tourist Stay up to 90 days (unless otherwise specified by international agreements)
2. Temporary Residence for Foreign Nationals in Serbia
3. Permanent Residency in Serbia

Tourist Stay: Up to 90 Days (Short-term Stay)

Tourist stays for foreigners in Serbia can be with a tourist visa or without a visa, depending on your nationality and the entry regime established.

Foreign nationals who can enter the Republic of Serbia without a visa may stay up to 90 days within a total of 180 days. Staying in Serbia as a tourist means you need to keep track of the number of days you can spend in our country.

The “90 days within 180 days” rule…

…means that the 180-day period starts on the day you first enter Serbia. From that day until the end of the 180 days, a foreign national cannot stay in Serbia for more than 90 days. For example, if you enter Serbia on August 28th, the 180-day period starts from that date. In the following 180 days, you cannot be in Serbia for more than 90 days, counting from the date of your first entry.

Different Statuses

International agreements may specify different statuses for nationals of some countries. For instance, according to an international agreement between the Republic of Serbia and the Russian Federation, Russian nationals do not need a visa for stays up to 30 days. On the other hand, nationals from Bangladesh, Sri Lanka, Nepal, or India always require a visa to enter Serbia.

Foreign nationals who must obtain a visa to enter Serbia can apply for a C visa (short-stay visa). The authorities issue the C visa for 90 days within any 180-day period, starting from the day of first entry.

If you are staying in a hotel, guesthouse, or with an individual who leases space for commercial purposes in Serbia, they must register you with the Ministry of Interior at the local police station within 24 hours of entering the country. You can complete registration in person at the local police station in your municipality, at the Foreigners’ Department, or online.

Temporary Residence

If, after a certain period of living in Serbia as a tourist, you decide you want to stay longer than 90 days, you need to apply for temporary residence. Temporary residence is granted for up to three years, depending on the individual case. In practice, first-time applicants may receive a 6-month residence permit. However, each case is unique, and the competent authority has discretionary power in making decisions.

Grounds for Temporary Residence

The reasons that make a foreign national’s request for residence in Serbia justified and on which temporary residence can be granted are listed in the Law, and these include:

• Employment (including self-employment)
• Family reunification
• Property ownership
• Education, studying or specialization, scientific research, internships, participation in international student or student exchange programs
• Medical treatment

The legislator leaves room to specify other justified reasons for obtaining temporary residence in accordance with the law or international agreements.

Types of Permits

The type of permit depends on the legal basis. For example, a foreign national can receive a unified permit (residence and work permit) for employment and professional specialization, training, or practice. In all other cases, a temporary residence permit is issued.

A unified permit is issued as a biometric card, while a temporary residence sticker is placed in the foreign national’s passport. Foreign nationals granted temporary residence must use their stay for the intended purpose. If they wish to extend the permit, they must submit the application no later than the last day of validity, and no more than three months before expiration.

Termination of Stay

A foreign national’s stay ends if the approved term expires, if the stay is canceled, or if a protective measure of removal or deportation is issued.

This part of the guide provides a detailed explanation of the different types of stays in Serbia as well as useful information about the procedures and requirements for obtaining residence permits, making it accessible and understandable for everyone planning to come to Serbia.

Obtaining Temporary Residence in Serbia by Establishing a Company – Unified Permit

One of the most common grounds on which foreigners apply for temporary residence, now through a unified permit, is by establishing a company in Serbia. If you are the founder or a member of a limited liability company (LLC) established in Serbia or the general director of a Serbian company, this constitutes a legal basis for obtaining a unified permit in Serbia. This scenario falls under a special legal basis for residency and employment, referred to as self-employment.

Establishing an LLC

To establish a company in Serbia, attorneys specialized in foreign nationals’ law in Serbia can assist you in drafting the articles of association, which is the most crucial document in the company formation process. The Law on Commercial Companies specifies the mandatory elements of the articles of association, however, depending on your current situation, the lawyer you hire may decide to include additional provisions to protect your interests as a foreign national in Serbia.

Important Steps in Company Formation

After the articles of association have been drafted, notarized, and digitized or signed with the electronic signature of the founder or their proxy, an electronic application for company registration is submitted. If a foreign company is the founder of the company you plan to establish in Serbia, it is necessary to submit a legalized extract from the foreign commercial register. Since obtaining extracts and legalization takes time, it is advisable to consult with a lawyer in advance who can provide all the necessary information.

Registration and Obligations After Company Formation

The Agency for Commercial Registers will register the company within 3 to 5 working days from the submission of the registration application. After the company is established, the following obligations must be fulfilled:

• Open a company bank account,
• File a tax declaration,
• Obtain a qualified electronic signature,
• Register the ultimate beneficial owner. Choosing a bank is a very crucial decision, so we advise you to consult with a legal advisor on this matter before setting up the company.

https://statt.rs/quick-guide-for-opening-of-non-resident-bank-account-in-serbia/

Entrepreneurs

An entrepreneur is an individual who engages in activities that generate income. Entrepreneurs are registered with the Agency for Commercial Registers. One of the grounds for obtaining a unified permit in Serbia, often chosen by foreigners, is entrepreneurship in Serbia, which also represents a form of self-employment.

Temporary Residence in Serbia for Employment Purposes – The Unique Permit

Serbia is increasingly becoming an attractive destination for foreign professionals from various fields, especially the IT sector. While some decide to start their own business, others aim to acquire the unique permit.

The Unique Permit for Residence and Work

The unique permit is a recent addition to the Serbian legal system, introduced through the latest amendments to the law. This permit combines both the residence and work permit into a single document, replacing the previous system of separate documents for approved stay and work permits. This new solution significantly speeds up the permit acquisition process. Therefore, if you plan to live and work in Serbia, or engage in professional specialization, training, or practice, you must apply electronically for the unique permit.

Exceptional Cases

Foreign nationals residing in Serbia based on family reunification can start working once their temporary residence is approved. They do not need a separate unique permit during the valid period of their stay.

Types of Employment Contracts

The employment contract is not the only agreement between a foreign employee and a Serbian company. Serbian labor law also recognizes flexible employment forms, such as service contracts, temporary, and occasional jobs. Foreigners can enter into these contracts to establish a legal basis for applying for the appropriate permit.

Temporary Residence through Real Estate Investment

One of the advantages of investing in Serbia is the ability to obtain temporary residence by purchasing property.

Application Process

If you already own property in Serbia, the application process for temporary residence is simplified. You just need to provide proof of property ownership when applying.

If you plan to buy a house or apartment in Serbia, you must conclude a real estate purchase agreement. However, first, it is essential to verify whether you can purchase property as a foreign national. Primarily, consider whether there is reciprocity between Serbia and your country regarding property purchase.

Reciprocity Condition

The condition of legal reciprocity is met if Serbia has concluded a bilateral agreement with your country regulating property acquisition issues. For example, reciprocity exists between Serbia and the USA, meaning that Serbian nationals have the right to purchase property in the USA, and vice versa.

Verification and Taxes

After confirming your right to purchase property in Serbia, it is necessary to conduct all required checks on the property with relevant state authorities (to verify any encumbrances, ownership, etc.). The tax on the transfer of absolute rights is a one-time 2.5% of the purchase price stated in the sales contract. Additionally, as a property owner, you must pay annual property tax in several installments. The exact tax amount can vary from year to year, depending on the type of property, year, location, and other factors.

Registration of the Transaction

In Serbia, you must notarize the real estate sales contract. However, you do not become the owner of the purchased property until the property registry registers your ownership right. The notary must send the notarized sales contract to the relevant land registry to register the change of ownership.

Applying for Temporary Residence

When applying for temporary residence based on property ownership, submitting a notarized sales contract to the Ministry of Internal Affairs is sufficient. The decision to register ownership rights in the land registry is not required. In other words, the foreign national does not have to wait for formal registration, as this administrative procedure can take a long time. The foreign national can go to the Police Administration and apply for temporary residence immediately after the notarization of the sales contract. Of course, it is necessary to submit other documents as well, which significantly speeds up and facilitates the process.

Temporary Residency in Serbia Based on Marriage

Legal Grounds for Applying for Temporary Residency

The law stipulates that marriage to a Serbian citizen or to a foreigner with approved temporary residency is a valid legal basis for applying for temporary residency. It is also important to note that applications can be based on a common-law relationship with a Serbian citizen or a foreigner with approved temporary residency.

Required Documentation

Foreign authorities must properly legalize all documents required for the application. The conditions and list of necessary documentation depend on whether you are applying based on marriage or a common-law relationship with a Serbian citizen or a foreigner with approved temporary residency.

Marriages of Convenience

Serbian legislation defines a marriage of convenience to prevent unlawful residence under the guise of marriage. The competent authority examines factors like how long the spouses knew each other, their common language, and material resources provided for the marriage. If they suspect the marriage is a marriage of convenience, they reject residency applications based on family reunification.

Procedure for Acquiring Temporary Residency Permit

Basic Requirements

When applying for temporary residency, in addition to legal grounds, foreign citizens must submit a valid travel document and proof that they:

• Possess appropriate health insurance;
• Have a registered residence address in Serbia;
• Have sufficient funds to support themselves in Serbia, ensuring the foreign national residing in the Republic of Serbia is financially secure.

Exceptions apply when the foreigner is a family member of a Serbian citizen or a foreigner employed in Serbia.

Sufficient Funds Requirement

A foreigner meets this condition by providing proof of a minimum amount of money in their non-resident account in Serbia. This amount equals the official minimum wage in Serbia for the year the residency application is submitted.

Health Insurance

It is in the best interest of both the Republic of Serbia and the foreigner for the foreigner not only to be financially secure during their stay but also to have health insurance. Therefore, when applying for temporary residency, it is necessary for the foreigner to provide proof of private health insurance or health insurance from their country of origin, provided that this insurance is applicable in Serbia based on a bilateral agreement or government decision.

Regulations detail the conditions for approving temporary residency concerning health insurance. The rules stipulate that the foreigner should submit an international health insurance policy, a voluntary health insurance policy, or another document issued in the Republic of Serbia. These documents must comply with the regulations applicable in the field of health insurance.

Regulations also provide an additional option for foreigners – instead of the documents mentioned above, a foreigner may submit proof of sufficient funds to cover possible medical expenses in the Republic of Serbia up to the decision date and during the period of stay. This method is more complex and financially demanding for the foreigner.

Don’t Forget the Fees!

Understandably, any significant life decision involves costs, so remember that it is necessary to pay the prescribed fees to obtain the right to temporary residency.

Online Application for Temporary Residence Permit in Serbia

Since April 1, 2021, foreign nationals can apply for a temporary residence permit electronically. Previously, they had to submit applications in person at the local police department in Serbia. The new system allows applications to be submitted both from within Serbia and abroad.

To apply, foreign nationals must register on the eUprava portal using a valid email address. One issue is confirming the applicant’s identity, as foreign nationals lack an electronic signature from the Serbian Ministry of Internal Affairs. Registering with just a username and password does not ensure reliable identity verification. The technical team responsible for the platform hopes to resolve this issue.

The eUprava portal’s eMailbox will communicate decisions on applications. If approved, the foreign national must visit the police department in person to receive the temporary residence permit sticker in their passport.

Procedure for Obtaining a Unified Permit for Temporary Residence and Work in Serbia

If the legal basis for temporary residence in Serbia is employment, the foreign national must also obtain a work permit. In other words, if you sign an employment contract with a Serbian employer or engage in specific employment, you need both a temporary residence permit and a work permit.

Changes in Serbian Law: Simplifying the Process

Until May 2019, Serbian law required that foreign nationals first obtain a temporary residence permit before applying for a work permit. These two steps were interdependent, causing confusion among applicants who were unsure of the correct procedure and timing.

The Unified Permit: A New and Simplified Process

Since December 1, 2020, applicants can submit a combined application for both temporary residence and work permits. Authorities decide on both permits simultaneously, meaning they grant neither permit unless the foreign national meets the requirements for both.

Challenges with the Combined Application Process

The combined procedure proved complicated in practice, leading to further changes. The key updates are:

Key Updates to the Procedure

• The type of permit required is now a unified permit (covering both residence and work).
• Applicants must submit applications exclusively online for employment, special employment cases, and self-employment.

Transition to Online Submissions

Starting February 1, 2024, applicants must submit unified permit applications via the Foreigners’ Portal. They will submit all documents electronically instead of in paper form. This digital process allows applicants to initiate applications from abroad without needing to be physically present in Serbia.

New Unified Permit: Biometric Document

Once approved, the Ministry of Internal Affairs issues the unified permit as a biometric document. This card replaces the former temporary residence permit sticker in the passport and the separate work permit.

Efficiency Gains and Benefits

Previously, two separate procedures could take up to two months for authorities to approve. The new streamlined process is significantly more efficient, allowing employers to hire foreign nationals much faster. This is a major advantage, given the high demand for skilled foreign workers in Serbia. It also simplifies the process for foreign investors and companies with foreign directors to establish and manage businesses in Serbia.

Permanent Residency in Serbia

How to Obtain Permanent Residency in Serbia

To be eligible for permanent residency in Serbia, a foreign citizen must meet one of the following conditions:

• Have resided in Serbia continuously for more than 3 years on a temporary residence permit; or for 3 years if married to a citizen of the Republic of Serbia or a foreigner with permanent residency.
• Be a minor on a temporary residence permit in Serbia, with at least one parent who is a citizen of Serbia or a foreigner with permanent residency.
• Have Serbian origin.
• Hold a temporary residence permit and have humanitarian reasons or interests that benefit the Republic of Serbia for granting permanent residency.

Additionally, Serbia will grant permanent residency to foreigners who have lived there continuously for over 3 years with approved asylum.

Beyond the formal conditions, the Ministry of Internal Affairs considers practical and real-life circumstances related to the application. For example, the time spent in Serbia over the past 3 years.

Benefits of Obtaining Residency in Serbia

A growing number of foreigners choose Serbia as their new home and business hub, demonstrating the many benefits the country offers:

• Opportunities to expand businesses and leverage new business and investment prospects closer to the EU.
• Attractive tax rates: corporate tax at 15% and personal income tax at 10%.

Recognizing the potential that foreign professionals and investors bring, Serbia is enhancing its legislation and introducing new measures to encourage foreigners to relocate and expand their businesses in the country. Particularly appealing are the tax incentives.

• Newly established taxpayers can reduce taxes and mandatory contributions on employee salaries by 70%. However, they must meet certain conditions.
• Advantages are available not only for employees but also for business owners. Coupled with a simple, fast, and economical business registration process, Serbia is an excellent destination for relocation or business expansion.

Serbia’s labor laws protect employees, living costs are low, and the education and healthcare systems are robust — all factors that appeal to both Serbian and foreign citizens.

Frequently Asked Questions

1. How long can I stay in Serbia?

Serbia determines the length of stay based on international agreements with the foreigner’s country of citizenship or permanent residence. Depending on the agreement, some nationals need a visa for each entry into Serbia (e.g., citizens of the Philippines), while others can stay in Serbia as tourists without a visa for a limited period. The most liberal regime allows a visa-free stay for up to 90 days within a 180-day period (e.g., for Ukrainian citizens).

1. Can I use the visa-free tourist stay every time I enter Serbia?

Foreign nationals in the visa-free regime often mistakenly believe the 90-day period starts with each entry. While this might apply to some, most cases would result in breaking the law. For example, if allowed a 90-day stay within 180 days, this period doesn’t reset with each entry. Calculate the days spent in Serbia over the last 180 days to ensure compliance. Some nationals can stay for 90 days within six months from the first entry (e.g., citizens of Belgium, Argentina, Canada, the USA, etc.). For other countries, the period resets with each entry (e.g., citizens of Russia).

1. Can I extend my tourist stay in Serbia?

Generally, Serbia does not allow extensions for tourist stays or visas. However, the law includes some exceptions, though they are not specified. The COVID-19 pandemic in 2020 restricted movement and travel, making this provision more frequently used.

1. Can I apply for a long-stay visa (“visa D”) in Serbia?

A Serbian embassy abroad can only issue a “visa D” for long stays. However, since May 2021, foreign nationals in Serbia can apply for a visa D online via the eKonzulat portal.

1. How long does it take to issue temporary residence or a unified permit in Serbia?

The procedure varies based on the grounds for the permit. You can submit applications for temporary residence based on property ownership or family reunification to the local police department or electronically via the Foreigners’ Portal. The relevant authority forwards the application to the Ministry of Internal Affairs, which assesses compliance with the requirements. This process can take up to 15 days. While waiting for a decision, you can legally stay in Serbia even if you exceed your tourist stay.

1. I am a US/UK/EU citizen or have a Schengen visa and want to apply for temporary residence in Serbia.

Schengen rules align with the visitor’s nationality. If the foreign national’s country is on the Schengen visa regime list, obtaining temporary residence in Serbia does not change their status or obligations. Always check travel conditions for third countries as per their regulations.

1. Can I extend my temporary residence or unified permit in Serbia if I still have legal grounds to stay?

You can extend temporary residence or a unified permit as long as a valid legal basis exists. However, the relevant authority reviews each application alongside formal requirements.

1. Can I obtain temporary residence in Serbia if I am retired?

Receiving a pension as a foreign national suggests you are not a potential recipient of social assistance. However, this alone is not sufficient for obtaining temporary residence and is not a legal basis for applying for temporary residence in Serbia.

1. Do I need to be physically present in Serbia to apply for temporary residence or a unified permit?

No, physical presence isn’t required for the application. However, you must be present to collect the temporary residence sticker or unified permit.

1. What documents are needed to apply for temporary residence?

When applying for temporary residence or a unified permit, you need to provide certain documents to support your application. The required documents vary based on the basis for your residence. Different legal provisions regulate these documents.

1. What are the reasons for the termination of temporary residence?

Temporary residence can be terminated for the following reasons:

• If it becomes known that there are one or more legal reasons for refusing the application for temporary residence.
• If the temporary residence permit expires and is not renewed within the legal time frame. The same principles and reasons apply to the unified permit.

1. Can short-term stay in Serbia be canceled?

Authorities can cancel a short-term (tourist) stay if legal obstacles arise, such as fraudulent activities or threats to national security. Furthermore, they may cancel stays that pose a risk to public interest. In these cases, the authorities will cancel the short-term stay, ban entry into the country, and set a deadline by which the foreign national must leave Serbia.

1. What are the consequences of illegal stay in the Republic of Serbia?

A foreign national staying without legal grounds must leave Serbia immediately or within a period not exceeding 30 days as determined by the relevant authority. An illegal stay is an administrative offense and can lead to high fines, reaching up to 150,000 RSD.

1. What happens if a foreign national does not leave Serbia after the basis for residence has ended?

A foreign national who stays illegally or fails to leave Serbia on time will face forcible removal by the Ministry of Internal Affairs. To enforce this, the Ministry may temporarily confiscate travel and other documents.  The cost of forced removal is borne by the foreign national unless covered by the Serbian state budget in exceptional cases.

Ready to embark on your immigration journey with confidence?

Look no further.

At Stojković Attorneys (STATT), we provide expert legal advice and personalized support throughout every step of the process. Trust us to navigate the complexities of immigration law in Serbia seamlessly, ensuring a smooth and successful process for you. Experience the difference with STATT today.