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In recent years, Serbia has been facing a labor shortage across almost all economic sectors, with industries such as manufacturing, transportation, tourism, and hospitality being particularly affected. This has led Serbian employers to “import” tens of thousands of foreign workers each year.

The majority of workers come from less developed countries such as India, Nepal, and Cuba, with which Serbia does not have well-established diplomatic relations, resulting in a so-called visa regime. Consequently, their citizens cannot enter Serbia without obtaining a visa in advance. On the other hand, there are those, such as Chinese nationals, who can stay in Serbia visa-free for up to 30 days. However, both groups share the requirement to obtain a work visa if they wish to be employed in Serbia.

LONG-TERM RESIDENCE VISA BASED ON EMPLOYMENT

Foreign nationals who require a visa to enter Serbia, as well as those who, under international agreements signed by Serbia, are unable to immediately apply for a unified permit, can be employed only if they have previously obtained a long-term residence visa based on employment. The long-term residence visa for employment is one type of the so-called “D visa” and allows foreigners to reside and work in Serbia for a period ranging from 90 to 180 days.

The application for a work visa is submitted either by the foreign national in person or by the employer on their behalf, electronically via the unified portal. It is filed with the Serbian diplomatic-consular mission abroad. The application must be accompanied by the necessary documentation proving its purpose and justification. One of the most important documents is the employer’s invitation letter. In the invitation letter, the employer commits to covering the costs of the foreign national’s stay, forced removal from Serbian territory, and any potential expenses related to the foreign national’s accommodation in a reception center for foreigners, should those costs not be recoverable from the individual.

The decision on a work visa application is made by the diplomatic-consular mission within 15 days, though this period can be extended to up to 30 days if there are justified reasons. During the decision-making process, the diplomatic-consular mission obtains prior approval from the Ministry of Internal Affairs. This approval is granted by the Ministry based on the assessment results of the competent authority at the foreign national’s place of arrival, as well as the assessment results of the state authority responsible for the security of the Republic of Serbia.

EMPLOYMENT OF A FOREIGN NATIONAL BASED ON A WORK VISA

If the work visa application is approved, the foreign national is invited to visit the diplomatic-consular mission to have the visa sticker affixed to their passport. Once the visa sticker is obtained, the foreign national acquires the right to enter into employment with a Serbian employer and begin working.

On the other hand, the employer assumes responsibilities related to ensuring the conditions for the lawful residence and employment of the foreign national in the Republic of Serbia, particularly to:

• the foreign national works on the territory of the Republic of Serbia in accordance with the provisions of the Law on Foreign Nationals and the Law on Employment of Foreign Nationals.
• ensure the proper registration of the foreign national for mandatory social insurance
• provide the foreign national with a return ticket to their country of origin after the completion of the business activities for which they came to the Republic of Serbia.

The employer and the foreign national may agree for the foreign national to continue working after the expiration of the work visa. In this case, the foreign national or the employer on their behalf submits an application for the issuance of a unified residence and work permit in Serbia. The unified permit is issued for a period of up to three years and can be extended.

For more information on this and other matters related to the employment of foreign nationals, you can contact a lawyer.