The Government of the Republic of Serbia passed a Regulation on criteria for determining the categories of foreigners and categories of foreigners who may be approved temporary stay in the Republic of Serbia regardless of the grounds for approval of temporary stay (“the Regulation”), which has been applied since 22 February 2020.

The Regulation regulates legal grounds for approval of temporary stay in the Republic of Serbia in addition to the grounds already stipulated by the Law on Foreigners.

Who can be granted stay on basis of this Regulation?

The following categories of foreigners are eligible:

• Foreigners who incorporated a company in the Republic of Serbia and whose innovation activity was recognized (acknowledged) by a registered science and technology park established, among other, by the Republic of Serbia, autonomous province, the city of Belgrade or a local self-government unit (so-called “startup“);
• Foreigners investing in a registered company in the Republic of Serbia i.e. in the business of such company by investing in fixed assets and intangibles (so-called “investor“);
• Foreigners who possess a decision on professional recognition of high education document issued by a competent body of the Republic of Serbia (so-called “talent“).

What is validity period of the approval?

The Regulation partly applies normative solution of the Law on Foreigners and stipulates that the initial temporary stay in case of startup and talent shall be one year but in case of investor it shall be six months.

If the prescribed requirements have been met, the temporary stay shall be extended for one year.

Are there any special requirements for approval and extension of temporary stay?

Yes, the Regulation stipulates that, in addition to the general requirements prescribed by the Law on Foreigners, a foreigner applying for temporary stay for the first time on basis of either of the stated legal grounds needs to supply the prescribed documents to support his/her application.

Also, when applying for the extension of stay, a foreigner shall supply the explicitly required evidence to prove that they achieved the purpose of the approved stay during the previous period of stay. Therefore, the foreigners who fail to use the provided opportunity and do not deliver certain results under the stated legal grounds, will not be able to exercise the right to temporary stay on the same basis.

Is a foreigner who is granted temporary stay on such basis obliged to obtain a working permit in the Republic of Serbia?

Yes, it is stipulated that the foreigners subject to the Regulation shall be issued a working permit under the Law on Employment of Foreigners and when its provision is mandatory under this law.

In relation thereto, please be reminded that, from 1 March 2020, the request for issuance/extension of working permit may be submitted via e-mail and signed by qualified electronic certificate (issued by a certification body with the seat in the Republic of Serbia). The list of e-mail addresses that the requests should be sent to is available at the website of the National Employment Service.

This article is to be considered as exclusively informative, with no intention to provide legal advice.
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