New Serbian Law on Foreigners Adopted

In March 2018, the new Serbian Law on
Foreigners was adopted, replacing the 2008 version of this law- in force until
recently without any amendments. The new law will enter into force on 3 October 2018.

While retaining the general concept of the
previous law, the new legislation introduces certain novelties in terms of the
residence permit process, as follows:

– The
new law envisages the competence of the Security Informative Agency (Bezbednosno informativna agencija) in
procedures related to the entrance and residence of foreigners in Serbia. The
Ministry of Interior will now have to request an opinion from BIA on whether a
foreigner's entrance or residence in Serbia represents a risk to national
security;

– Unlike
the previous law, the new legislation stipulates the right to appeal a decision
by which a foreigner is prevented from entering in Serbia or by which a
residence was not approved/prolonged to him/her. The deadline for the submission
of the appeal is within 15 days since the respective decision is obtained;

– Certain
new grounds for the approval of a temporary residence permit are prescribed by
the new law, as well as grounds that were applicable in the practice but not
recognized in the law. The new list of legal grounds for the approval of a residence
permit now also includes: performing a religious service, medical treatments
and care, owning real estate in Serbia, learning Serbian language for educational
purposes etc.; and,

– Additionally,
a foreigner who has already stayed in Serbia for four years, without
interruption, on the basis of “joining a family” may be granted a residence
permit independently of his/her relation to a relevant family member.

Finally, the new law prescribes higher
fines for foreigners who do not follow the provisions on a legitimate stay in
Serbia, so the new maximum fine amount for foreigners, for any violation of the
provisions of the law, is set to RSD 150,000 (approx. EUR 1,250).