Draft of the Law on Amendments to the Law on Citizenship of the Republic of Serbia (“Official Gazette of RS”, No. 135/04,90/07 and 24/18,) (hereinafter referred to as: the Draft Law), clearly aims to facilitate the process of admission to the Serbian citizenship.
We FINALLY reveal the content of this Draft Law. So, here it is.
Facilitations concerning the admission to citizenship by origin
In accordance with Article 1. of the Draft Law, the admission to citizenship by origin is facilitate by adding a new option that a request for admission of a child into the citizenship can be submitted also by a parent who is a foreign citizen if the parent who is a citizen of the Republic of Serbia has died or is deprived of parental rights. Pursuant the currently applicable Law on Citizenship (hereinafter referred to as the: Currently applicable Law), only the parent who is a citizen of the Republic of Serbia can submit the request for admission of a child into the citizenship.
Facilitations of the admission to citizenship by acceptance
2.1 Article 2. of the Draft Law stipulates only two conditions for the foreigner who, in accordance with the regulations on movement and residence of foreigners, has been granted permanent residence in the Republic of Serbia, to be admitted to the citizenship of the Republic of Serbia, at his/her request, as follows:
1) that he/she reached the age of 18 and that his/her legal capacity has not been revoked;
2) that he/she submits a written statement that he/she considers the Republic of Serbia to be his/her country.
Currently applicable Law prescribes 2 additional conditions thereto, as follows
1) that he/she has a release from his foreign citizenship or submits proof that he/she shall receive a release if he/she is admitted to the citizenship of the Republic of Serbia;
2) that he/she has a registered residence on the territory of the Republic of Serbia for at least three years before submitting the application.
2.2 Pursuant Article 3. of the Draft Law a new option is introduced, which does not exist under the Currently applicable Law, that a foreigner can be admitted to the citizenship of the Republic of Serbia if, on the basis of the approved temporary residence, has lived in the Republic of Serbia for at least one year before submitting the application for admission to citizenship, if meets the following conditions: 1) has obtained secondary or high degree of education in the Republic of Serbia or has a decision on the recognition of a foreign secondary school or a foreign high education certificate issued by the competent authority in the Republic of Serbia; 2) is self-employed or employed or in work engagement with an employer that has its headquarters and performs activities on the territory of the Republic of Serbia and 3) makes a statement that he/she considers the Republic of Serbia to be his/her country.
2.3 Article 4. of the Draft Law introduces a new option for a person after turning 23. years of age, who was born abroad and one of his/her parents was a citizen of the Republic of Serbia at the time of his birth, that can be admitted to the citizenship of the Republic of Serbia if he/she would remain without citizenship otherwise and if he/she has resided in the territory of the Republic of Serbia for at least three years.
2.4 In accordance with Article 5. of the Draft Law, a foreigner who has been married to a citizen of the Republic of Serbia for at least ten years can be admitted to the citizenship of the Republic of Serbia if he/she submits a written statement that he/she considers the Republic of Serbia to be his/her country. Currently applicable Law prescribes that a foreigner must be married to a citizen of the Republic of Serbia for at least three years, but also requires that a foreigner has a permanent residence in the Republic of Serbia, which is not required under the Draft Law.
Also, some aggravations are introduced by the Draft Law, as follows:
- Article 6. of the Draft Law introduces some aggravation. Namely, the conditions of the Currently applicable Law prescribes that an emigrant and his/her descendant can be admitted to the citizenship of the Republic of Serbia if they have reached the age of 18 and have not been deprived of their legal capacity and if they submit a written statement that they consider the Republic of Serbia to be their country, but in accordance to the Draft, that can be only the descendant up to the second degree of linear relation. Also, according to the Draft, there is no more an option for the spouse of the emigrant or his /her descendant to be admitted to the citizenship of the Republic of Serbia if he/she submits a written statement that he/she considers the Republic of Serbia to be his/her country. The Currently applicable Law prescribes that as an emigrant, shall be considered a person who has moved out of the Republic of Serbia with the intention of permanently living abroad, but the Draft Law ads also the additional conditions thereto, that the emigrant is a person who is not released from the citizenship of the Republic of Serbia.
Release from the citizenship.
3.1 Article 8. of the Draft Law stipulates that a parent or guardian can submit a request for release from the citizenship of the Republic of Serbia for a child up to the age of 18 , provided it is in the child’s interest. The consent of the other parent has to be always submitted along with the request for release of the child from the citizenship of the Republic of Serbia (even if the parents are divorced and the child if trusted to one of the parents by the court decision). If the other parent does not give consent for the release of the child from the citizenship of the Republic of Serbia, or is of unknown residence, or is deprived of business capacity or parental rights, the request for the release of the child from the citizenship of the Republic of Serbia shall be accepted if, in the opinion of the competent guardianship authority, it is in the interest of the child.
And one more facilitation for the end:
3.2 Article 9. of the Draft Law stipulates that If a person who has been released from the citizenship of the Republic of Serbia does not acquire foreign citizenship within five years from the receipt of the decision on release and if that person remains without citizenship, the authority that issued the decision shall revoke it at the written request of that person. Currently applicable Law provides this option within only one year from the date of adoption of the decision on release.
PS: When the Draft Law enters into force, all proceedings started before the date of entry into force of the Draft Law will be completed according to the provisions of the Draft Law.
