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).