LAV Z. DIMOVIĆ
Regulating a foreign national’s residence and employment in the Republic of Serbia involves several legally connected procedures. Visa requirements, the basis for temporary residence, the right to work and employment conditions need to be consistent with one another.
These issues concern foreign nationals relocating to Serbia, their family members, Serbian employers and foreign businesses planning to operate in the Serbian market.
The appropriate legal basis depends on the actual purpose of the stay. Preparation should therefore take account not only of the documents a foreign national already holds, but also of their intended personal and professional circumstances.
Temporary residence and visas
Serbia’s Law on Foreigners provides several grounds for temporary residence, including employment, family reunification, ownership of real estate, education and other grounds prescribed by law.
For nationals who require a visa to enter Serbia, particular attention is given to the requirements for a long-stay visa, known as a D visa.
Lawful residence and the right to work are distinct matters. Certain grounds for residence permit work without a separate single permit, while other situations require additional conditions to be met.
Before an application is submitted, it is therefore necessary to review the foreign national’s existing immigration status and the rights arising from it.
The single residence and work permit
The single permit combines temporary residence and the right to work under the Law on Foreigners and the Law on Employment of Foreigners.
Preparation includes selecting the appropriate basis for work and reviewing the employer’s documentation, the work engagement agreement and evidence of the foreign national’s qualifications.
In employment cases where it is required, a labour market test is conducted through the National Employment Service.
In addition to obtaining the permit, it is particularly important to establish when the foreign national may lawfully start work and how registration for compulsory social insurance is to be completed.
Changing employers, changing the basis for work and renewing a permit
A change of employer during the validity of a single permit requires a specific procedure and, in cases prescribed by law, prior consent from the National Employment Service.
The end of the previous employment, the conclusion of the new agreement and the legal conditions for starting work need to be coordinated.
A change in the basis for work is not the same as a change in the basis for residence. For example, moving from employment-based residence to residence based on family reunification requires a different legal analysis from a move to another employer.
Timely renewal deserves particular attention in order to preserve continuity of lawful residence and avoid the consequences of an existing status expiring.
Company founders and self-employment
Foreign nationals intending to incorporate a company or register as a sole proprietor need to distinguish business registration from the immigration procedure.
Incorporating a DOO does not automatically regularise the founder’s residence and right to work.
The foreign national’s legal position depends on the relevant basis, the nature of their engagement and whether the prescribed conditions are met.
For a person who already holds a permit, it is necessary to examine whether a new business engagement requires a change in the basis for work or another procedure before the competent authority.
Electronic procedures and representation before authorities
Immigration procedures are conducted largely electronically. This requires documents to be prepared and submitted correctly, electronic notifications to be monitored and procedural deadlines to be observed.
More complex matters may raise questions concerning jurisdiction and coordination between the Ministry of Interior, the National Employment Service and other authorities.
Where an application is refused, the facts have not been fully established or procedural time limits have been exceeded, the available remedies in administrative proceedings and judicial review need to be considered.
A properly regulated immigration status involves more than obtaining a permit. The foreign national’s actual stay, work engagement and documentation need to remain consistent over time.