Government of Serbia adopted at the session on March 30, 2023 the Draft Law amending and modifying the Law on Foreigners and Draft Law amending and modifying the Law on Employment of Foreigners.

Single work-permit

Maybe the most important change is the electronic submission of requests for temporary residence and work permits, which the Ministry of Internal Affairs of the Republic of Serbia (MUP RS) would decide on within 15 days. The single electronic procedure implies that MUP RS issues a single permit for temporary residence and work permit (up to 3 years with possibility to extend it for the same period) upon request. New thing is that, besides employees, an employer will also be eligible to file request for a single work permit. An amendment of the law is envisaged so that two procedures, i.e., the procedure for approving temporary residence and procedure for issuing a work permit would be entirely merged into one procedure before MUP RS. 
Nota bene: The existing law embraces the possibility to conduct the procedure in this way, however, it does not work in practice really, therefore the reason for changes is to enable this solution to work in reality.

Temporary residence

The period when a foreigner files a request for a temporary residence permit is specified in relation to a period that is longer than 90 days from the day of entry. The relevant article is amended by the period of stay determined by the international agreements, as well as the period of validity of the visa for a longer stay in which the foreigner can submit a timely request for approval of temporary stay. The Government of Serbia is authorized to render a regulation to determine additional categories of foreigners who can be granted a temporary residence. The amendments allow for approving temporary residence on all grounds for a period up to 3 years with the possibility of extension for the same period (instead of 1 year with the possibility of extension for the same period, as previously provided for). The change is also reflected in the fact that foreigners with approved permanent residence in Serbia are given the possibility of free employment, by abolishing obligations regarding obtaining a personal work permit. An amendment envisages an easier procedure for certain categories of foreigners who file requests for approval of temporary residence in Serbia, so the proof of means of subsistence and proof of health insurance during the planned stay in Serbia shall not be requested from a foreigner who files an application based on employment.

The right to work independently of a single permit

Amendments would remove the perplexity if a certain category of foreigners can work with no single work permit. Example: amendments expressly provide that a foreigner can work in Serbia, if she/he is granted temporary residence based on ownership of real estate in Serbia or based on family reunification with a Serbian citizen. The same right would stand for foreigners who get an approved temporary stay based on studies, scientific research work, volunteering, etc.

Permanent residence

Amendments propose that permanent residence might be granted to a foreigner after 3 years of continuous residence in the territory of Serbia (instead of previous 5 years-time). A special basis for an approval of permanent residence is now introduced: the Serbian origin of a foreigner, by virtue of that a foreigner can be granted permanent residence, apart from conditions of any stay in the territory of Serbia.

Example: if a foreigner obtained temporary residence in Serbia for conducting scientific research, she/he will get right to reside and work in Serbia, i.e., she/he will not be obliged to acquire special additional work permit.

D Visa

For foreigners who need a D Visa to enter and work in Serbia, this very visa will be sufficient basis for residence and work for the time-life of this visa (180 days), with no conducting the double procedure (as existed until now). If these changes get adopted, a foreigner will be able to work in Serbia legally immediately upon arrival, by obtaining a D visa. Virtually, a visa for a longer stay (visa D) issued on the basis of employment would simultaneously be a residence and work permit during the period of validity of the visa.

Biometric document

The new one is that the approved temporary residence and single permit will be issued in the form of a biometric document to replace the temporary residence sticker used in the foreigner's passport.

Fines against foreigners

Proposed changes would introduce fines in terms of getting toughen penalties on all aspects of foreigners stay in Serbia contrary to prescribed legal rules.