Growing Interest in Serbia as an Immigration Destination
In recent years, Serbia has seen an increasing interest from foreign nationals, making it a popular destination for immigration. Known for its liberal immigration laws and policies, as well as incentives to attract foreign investments and experts, Serbia offers numerous advantages for companies and individuals considering relocation.
Categories of Foreign Nationals Arriving in Serbia
Foreigners arriving in Serbia are divided into two categories: those who do not require a special visa for entry, and 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 is dedicated to why so many foreign nationals choose Serbia as a place to live and to start or 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 among those that do not require a visa, 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:
- Airport Transit Visa (Visa A)
- Short-Stay Visa (Visa C)
- Long-Stay Visa (Visa D)
Transiting Through Serbian Airports: Visa A
The Serbian government may require citizens of certain countries to have this visa for security reasons. This visa is issued for up to six months and allows one or several transits through the international transit area of an airport without entry into the Republic of Serbia. However, a foreigner who does not leave the international transit area of the airport or aircraft during a stopover between two flights does not need this type of visa. Recent amendments to the Foreigners Act have abolished the B type transit visa, which was previously issued for one, two, or more travels through Serbia with a validity of up to six months, where the stay during a single transit could not exceed five days. This visa now falls under the category of the C type, or short-stay visa. When applying for an airport transit visa, the applicant must provide proof of entry possibilities into the next country on their itinerary.
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
- Tourist Stay up to 90 days (unless otherwise specified by international agreements)
- Temporary Residence for Foreign Nationals in Serbia
- 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 C visa is issued for a period of 90 days within any 180 days, which again starts counting 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. Registration can be completed in person at the local police station in the municipality where you reside, 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 a maximum period of three years, depending on the individual case. In practice, individuals applying for the first time may be granted a residence permit lasting 6 months; however, each case is unique, and it is always important to remember that the competent authority has discretionary power when making decisions in each specific case.
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, in the case of employment and professional specialization, training, and practice, a foreign national can receive a unified permit (residence and work permit), while in all other cases, the issuance of a temporary residence permit is anticipated.
If talking about a unified permit, it is issued in the form of a biometric card, whereas a sticker for temporary residence is inserted into the foreign national’s passport. A foreign national who has been granted temporary residence must use their stay for the purpose for which it was granted. In the event that the foreign national wishes to extend the permit for a subsequent period, the application for extension should be submitted no later than the last day of the validity of the residence permit, and no more than three months before the expiry of the permit.
Termination of Stay
The stay of a foreign national ends if the term for which the stay was approved expires, by cancelation of the stay, or if a protective measure of removal or deportation from the country 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 on the basis of family reunification with another foreign national who has been granted the unique permit are entitled to work from the day their temporary residence is approved, without the need for a separate unique permit, during the valid period of their temporary stay.
Types of Employment Contracts
The employment contract is not the only type of agreement that can be established between a foreign employee and a Serbian company. Serbian labor law specifies various “flexible” employment forms, such as service contracts, temporary and occasional jobs, etc. These contracts can also be entered into with foreigners to provide 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.). It’s important to note that the tax on the transfer of absolute rights is 2.5% of the purchase price stated in the sales contract, which is a one-time tax. Additionally, as a property owner, you are obligated to 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, the real estate sales contract must be notarized. Following notarization, you are not yet the owner of the purchased property until your ownership right is registered in the property registry. The notary is obliged to send the notarized sales contract to the relevant land registry for the registration of the change of ownership.
Applying for Temporary Residence
It is useful to know that when applying for temporary residence on this basis, it is sufficient to submit the notarized sales contract to the Ministry of Internal Affairs, while the decision to register ownership rights in the land registry is not required. In other words, the foreign national is not obliged to wait for the formal registration of ownership rights in the land registry, as this is an administrative procedure that 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
All documents required for the application must be properly legalized if issued by foreign authorities. 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
A marriage of convenience is an institution under Serbian legislation aimed at preventing foreigners from unlawfully residing in the Republic of Serbia under the guise of marriage. The competent authority makes a qualified decision on whether each individual case constitutes a marriage of convenience, with special attention to factors such as: how long the spouses knew each other before getting married, whether they speak a language both understand, whether material resources were provided for the marriage (except dowries from countries where providing a dowry is customary), and whether there is evidence of previous marriages of convenience by one of the spouses in the Republic of Serbia or abroad. The competent authority rejects applications for temporary residency or extensions of temporary residency on the basis of family reunification if there is a justified suspicion that the marriage was one of convenience.
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 are made 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 corresponds to the official minimum wage in Serbia for the year in which the application for residency 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. Before this update, applications had to be submitted in person at the local police department in Serbia. The new electronic system allows applications to be submitted from within Serbia or 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 do not have an electronic signature issued by the Serbian Ministry of Internal Affairs. Registration with just a username and password does not provide a reliable identity verification. It is hoped that this issue will be resolved by the technical team responsible for the platform.
Decisions on applications will be communicated through the eUprava portal’s eMailbox. 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 if you are engaged in a specific type of employment, you need both a temporary residence permit and a work permit.
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.
From December 1, 2020, it became possible to submit a combined application for both temporary residence and work permits, with authorities making simultaneous decisions on both permits. This means that neither permit would be granted unless the foreign national met the requirements for both.
However, the combined procedure proved complicated in practice, leading to further changes. The key updates are:
- The type of permit required is now a unified permit (covering both residence and work).
- Applications must be submitted exclusively online (for employment, special cases of employment, and self-employment).
Starting February 1, 2024, unified permit applications are submitted via the Foreigners’ Portal. All documents previously submitted in paper form are now submitted electronically. This digital process allows applications to be initiated from abroad, without the applicant needing to be physically present in Serbia when submitting the application.
Once approved, the unified permit is issued as a biometric document by the Ministry of Internal Affairs. This card replaces the former temporary residence permit sticker in the passport and the separate work permit.
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, permanent residency will be granted to a foreigner who has resided in Serbia continuously for more than 3 years based on 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.
- Employment tax incentives: for “newly established taxpayers,” employers may pay 70% less in taxes and mandatory contributions on employee salaries, provided certain conditions are met.
- 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
How long can I stay in Serbia?
The length of stay in Serbia is determined by international agreements between Serbia and the country of which the foreigner is a citizen or where they have 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).
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).
Can I extend my tourist stay in Serbia?
Generally, tourist stays or visas cannot be extended in Serbia. However, the law provides some exceptions, though examples are not specified. This provision was rarely used until the COVID-19 pandemic in 2020, which restricted movement and travel.
Can I apply for a long-stay visa (“visa D”) in Serbia?
A “visa D” for long stays can only be issued by a Serbian embassy abroad. However, since May 2021, foreign nationals in Serbia can apply for a visa D online via the eKonzulat portal.
- 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. Applications for temporary residence based on property ownership or family reunification can be submitted 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.
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.
Can I extend my temporary residence or unified permit in Serbia if I still have legal grounds to stay?
Temporary residence or a unified permit can be extended as long as there is a valid legal basis. However, the relevant authority reviews each application alongside formal requirements.
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.
Do I need to be physically present in Serbia to apply for temporary residence or a unified permit?
No, physical presence is not required, and the application can be submitted online. The only time you must be physically present is when you collect the temporary residence sticker, which will be placed in your passport, or when you collect the unified permit.
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 list of required documents varies depending on the basis for your residence and is regulated by different legal provisions.
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.
Can short-term stay in Serbia be canceled?
Short-term (tourist) stay can be canceled if there are legal obstacles to entry into the Republic of Serbia, such as fraudulent activities or risks to national security and 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.
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. Illegal stay is considered an administrative offense and can result in high fines, up to 150,000 RSD.
What happens if a foreign national does not leave Serbia after the basis for residence has ended?
A foreign national who stays illegally or does not leave Serbia within the specified period will be forcibly removed by the Ministry of Internal Affairs. To ensure enforcement, travel and other documents may be temporarily confiscated. The cost of forced removal is borne by the foreign national unless covered by the Serbian state budget in exceptional cases.
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