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Throughout history, Serbia has been known as a country of emigrants. For nearly two centuries, people have been leaving Serbia in search of better education, a higher standard of living, or family happiness. On the other hand, in recent times, Serbia has increasingly been recognized as a country to which people immigrate, primarily from less developed Asian and African countries.

In this text, we will explore the topics of acquiring Serbian citizenship by Serbian emigrants, as well as obtaining Serbian citizenship through admission.

ACQUIRING SERBIAN CITIZENSHIP BY EMIGRANTS

The Law on Citizenship of the Republic of Serbia recognizes a special category of applicants for Serbian citizenship—emigrants. An emigrant is defined as a person who has left the Republic of Serbia with the intention of permanently residing abroad. Therefore, the right to acquire Serbian citizenship on this basis is granted to emigrants and their descendants, regardless of their national affiliation.In addition to individuals of Serbian descent, members of other ethnic groups from Serbia, such as Turks who predominantly lived in the Raška region, may also obtain citizenship under this provision.

This category applies to individuals and their descendants who emigrated from Serbia with an emigrant visa and primarily settled in countries such as the United States, Switzerland, Canada, and Turkey. Upon arriving in their new countries, emigrants typically applied for naturalization and became citizens of their respective host nations. In most cases, they would also change their names to align with the naming conventions of their new homeland (e.g., Petar becoming Peter or Antonije becoming Anthony).

As a result, the naturalization certificate of an emigrant, which contains details about their birth, parents, and original name and surname (prior to naturalization), is considered one of the most important documents in the process of acquiring Serbian citizenship under this basis.

In addition to providing proof of emigration, the emigrant or their descendant must be at least 18 years old. They must also possess legal capacity and submit a declaration stating that they consider the Republic of Serbia their homeland. This declaration can be made personally or through an authorized attorney. Acquiring Serbian citizenship on this basis does not require renouncing citizenship of other countries. Therefore, emigrants and their descendants may retain their existing citizenship.

The legislator has granted special privileges to this category of applicants by allowing their spouses to acquire Serbian citizenship without fulfilling any additional residency requirements in Serbia. The only condition is that the spouse must submit a declaration stating that they consider the Republic of Serbia their homeland.

ACQUIRING SERBIAN CITIZENSHIP BY ADMISSION

If a foreigner intends to acquire Serbian citizenship by admission, the primary requirement is obtaining permanent residence approval in Serbia. Permanent residence approval grants a foreigner the right to live indefinitely in Serbia, provided they continue to meet the legally prescribed conditions. A foreigner becomes eligible for permanent residence after residing in Serbia for more than three years with an approved temporary residence permit.

A foreigner with approved permanent residence in Serbia may acquire Serbian citizenship by admission if they meet the following conditions:

• must be at least 18 years old and must not have been deprived of legal capacity
• must have renounced their foreign citizenship or provide proof that they will renounce it upon being admitted to Serbian citizenship
• must have had registered residence in the Republic of Serbia for at least three consecutive years prior to submitting the application
• must submit a written declaration stating that they consider the Republic of Serbia their homeland

The most challenging requirement for acquiring Serbian citizenship under this basis is renouncing foreign citizenship. Considering the specificities of some foreign legislations, which are very strict when it comes to renouncing citizenship, the Law on Citizenship provides an exception where this condition is not required. Specifically, if a foreign country does not allow renunciation of citizenship or imposes conditions that the foreigner cannot meet, it is sufficient for the foreigner to submit a declaration stating they renounce their foreign citizenship in the event of acquiring Serbian citizenship.

For more information on this and other matters related to immigration law, it is best to contact a attorney at law.