{"id":1937,"date":"2024-04-05T17:23:49","date_gmt":"2024-04-05T15:23:49","guid":{"rendered":"https:\/\/advokatskakancelarijajecmenica.com\/?p=1937"},"modified":"2024-04-05T17:23:49","modified_gmt":"2024-04-05T15:23:49","slug":"permanent-residence-for-foreigners-in-serbia","status":"publish","type":"post","link":"https:\/\/advokatskakancelarijajecmenica.com\/en\/permanent-residence-for-foreigners-in-serbia\/","title":{"rendered":"PERMANENT RESIDENCE FOR FOREIGNERS IN SERBIA"},"content":{"rendered":"

Most foreign citizens whose life or business interests are firmly tied to the Republic of Serbia aim to get permanent residency in our country as a long-term goal. Permanent residence means approval of a foreign citizen’s long-term stay in the Republic of Serbia.\u00a0<\/span><\/span><\/em><\/p>\n

Amendments to the Law on Foreigners<\/span> <\/strong><\/em><\/a>from July 2023 also addressed<\/strong> permanent residency. On the one hand, the amendments aimed to shorten the period<\/strong> after which a foreign citizen can apply for permanent residence. On the other hand, they introduced some new reasons (grounds)<\/strong> for obtaining permanent residency. In other words, the amendments aimed to further affirm<\/strong> this important legal institution of immigration law in practice. One of the Legislator’s proclaimed goals is to improve the position of foreigners with long-lasting, strong ties<\/strong> to Serbia in the domain of family, economic, or cultural life.\u00a0<\/span><\/span><\/p>\n

CONDITIONS FOR OBTAINING PERMANENT RESIDENCE\u00a0<\/span><\/span><\/strong><\/span><\/p>\n

Considering that permanent residence is a higher degree of integration<\/strong> within the order of the Republic of Serbia, a precondition is that the foreigner already has an approved temporary residence<\/span><\/strong><\/em><\/a> in our country. Namely, a foreigner who resides in the Republic of Serbia for<\/strong> three consecutive years<\/strong> on the basis of a temporary residence permit is entitled to permanent residence. The condition of the previous legal solution was continuous temporary residence for a period of five years<\/strong>.\u00a0<\/span><\/span><\/p>\n

It should be borne in mind that continuity is required<\/strong> with regard to previously approved temporary stays of foreigners. Therefore, broken temporary residence continuity <\/i>results in calculating the time period as of the starting date of the new approval<\/strong> of temporary residence that followed the broken continuity. For example, if a foreign citizen had a temporary residence permit in the period from 30\/04\/2021 to 30\/04\/2023 and then makes a break<\/strong> (leaves the country) and gets a temporary residence permit again on 30\/04\/2024, the condition for applying for permanent residence is only acquired on 30\/04\/2027<\/strong> considering that their previously approved two-year temporary residence does not count<\/strong>.\u00a0<\/span><\/span><\/p>\n

Apart from the administrative requirement for the time spent within a temporary stay of at least three years, the Law on Foreigners also recognizes the requirement regarding the effective time<\/strong> spent in Serbia. Namely, the foreigner is required to effectively reside<\/strong> on the territory of the Republic of Serbia for a period of three years during the approved temporary residence period. This implies that the foreigner has not spent, in the case of multiple and one-time absences, more than ten<\/strong> and six months<\/strong> outside the territory of the Republic of Serbia, respectively. The Ministry of Interior checks the movement of foreigners, so if it determines that a foreigner has stayed outside of Serbia for more than ten months, it will reject<\/strong> the application for permanent residence.\u00a0<\/span><\/span><\/p>\n

The Law on Foreigners prohibits two categories<\/strong> of foreigners from applying for permanent residence. Namely, foreign citizens who have an approved temporary residence in Serbia on the grounds of studying or schooling<\/strong> cannot apply for permanent residence. This restriction is aimed at foreign nationals who had an approved residence permit on the grounds of studying or schooling throughout the required period<\/strong>. On the other hand, if the foreigner has changed the grounds<\/strong> for obtaining temporary residence in the meantime, e.g., from studying to employment, they can apply for permanent residence. However, in that case, only one-half of the time<\/strong> of the approved temporary residence on the grounds of studying or education will count as the time required for approving permanent residence.\u00a0<\/span><\/span><\/p>\n

At the time of applying for permanent residence, the foreigner must have an approved temporary residence<\/strong> in the Republic of Serbia. This legal solution implies that, in practice, a foreigner who has been granted temporary residence for a period of three years will have to obtain an extension of temporary residence in Serbia before applying for permanent residence.\u00a0<\/span><\/span><\/p>\n

GROUNDS FOR APPROVAL OF PERMANENT RESIDENCE\u00a0<\/span><\/span><\/strong><\/p>\n

The grounds for approval of permanent residence are identical<\/strong> to the grounds for approval of temporary residence for foreigners in Serbia. Accordingly, the reasons for obtaining permanent residency include family reunification, employment, self-employment<\/strong> (founding a company or registering as a sole trader), ownership of real estate<\/strong>, performing a religious service, humanitarian reasons, and reasons related to victims of human trafficking. Also, permanent residence will be approved for a foreigner who has resided in the Republic of Serbia for more than three consecutive years based on the right to asylum<\/strong>.\u00a0<\/span><\/span><\/p>\n

The latest amendments to the Law on Foreigners introduced four new categories<\/strong> of foreigners who will be granted permanent residency without the prior requirement <\/strong>to fulfill any of the conditions regarding the granted temporary residence. Accordingly, permanent residence will be granted to:\u00a0<\/span><\/span><\/p>\n