The legal requirements for foreigners could change significantly in 2024, having in mind that the special attention is devoted to regulating the treatment of foreigners in the Republic of Serbia (“RoS”). It is not at all surprising, since a large number of foreigners come to RoS, especially from Russia, Turkey, China and Nepal. According to preliminary data, over 13,000 work permits issued to foreigners in RoS since the beginning of this year.
According to current legislation the position of foreigners in the RoS is regulated by the Law on Foreigners and the Law on the Employment of Foreigners. In this respect, the Government of Serbia adopted the Proposal for a Law on Amendments to these two Laws.
The changes in these two Laws could bring the more favourable rules for the foreigners in the field of their residence and employment in the RoS.
In case of adoption of these Amendments to the Law on Foreigners and the Law on the Employment of Foreigners, the application of the new rules for foreigners should commence on 1 February 2024.
In the following text, you can find the most important which you need to know about the legal rules coming:
1. The permanent residence after three years of residence, instead of five years of residence
Current condition for granting permanent residence to a foreigner is that he stayed in RoS based on temporary residence for 5 (five) years without interruptions.
By these amendments this period will be shorten to 3 (three) years of residence in RoS, without interruptions.
2. The right to work without obtaining a Work Permit
Foreigners who have been granted temporary residence on the grounds other than employment will also have the right to work in RoS, without obtaining a Work Permit.
By these amendments foreigners who are granted with Temporary Residence in RoS based on family reunification, real estate ownership, studies, scientific research, and other similar cases, will have the possibility of employment in the RoS without obtaining a Work Permit.
3. The unified permit which includes Temporary Residence and Work Permit
In a single application proceeding before the competent authority foreigners will exercise the right for Temporary Residence and the right to work in the RoS at the same time. In that way it will be eliminated the previous obligation of foreigners to first regulate their Temporary Residence in the RoS in order to be able to submit request for Work Permit.
In addition, it was proposed that the employer can also submit a request for this unified permit for Temporary Residence and Work Permit.
This unified permit will be issued to a foreigner for a period of validity of up to 3 (three) years depending on the grounds for his Temporary Residence in RoS in each individual case.
By these new amendments, foreigners could have Temporary Residence in RoS for a period of 3 (three) years, instead of 1 (one) year, which is currently the maximum period prescribed by the law.
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