How to get a temporary residence permit for foreign citizens on the basis of employment?

09.02.2021.

In order to be able to stay in the Republic of Serbia for a period longer than 90 days, it is necessary that a foreign citizen has obtained a temporary residence permit, permanent residence or visa for longer residence on the basis of employment (Visa D). Reasons making the purpose of their stay justified and on the basis of which the temporary residence permit may be approved are listed in the Law on Foreign Citizens, and are the following:

• work, employment, performing business or other professional activities;
• education, study or specialization, scientific research, practical training, participation in international exchange programs for students, or other scientific and educational activities;
• family reunion;
• other justified reasons in accordance with the law or international treaty.

Having in mind that employment is the most common basis for the obtaining of a temporary residence permit, we will consider in more detail only this basis for obtaining a temporary residence permit.

First step is conducting a market test

Namely, the company wishing to hire a foreign citizen is obliged to file the Notification for Need for Employment to the National Employment Agency (NEA). 10 days upon filing the Notification for Need for Employment,  competent NEA will issue its opinion which proves that NEA’s records do not contain any other persons with qualifications required by the company-employer (i.e. the qualifications for the job position for which the foreign citizen will be engaged). Such opinion is one of the documents which are to be filed to the relevant police office.

Second Step is filing the Request for Temporary Residence Permit

In order to file the Request for Temporary Residence Permit, the first condition to be met is that a foreign citizen has a border police’s stamp on entering  the territory of the Republic of Serbia in his/her passport. Such stamp shall show the exact date and exact place of entrance in Serbia. Please note that the procedure for obtaining the temporary residence permit and work permit cannot be conducted in case a foreign citizen did not get a border police’s stamp when entering Serbia. Upon making sure that a foreign citizen has the abovementioned stamp, the next step is to file the notification on the place of residence, i.e. obtaining a so-called “white card”. Namely, the owner of a property in which a foreign citizen will reside shall file notification on place of residence to the local police office within 24 hours upon the foreign citizen’s arrival to the place of residence at the latest.  Documents required for this step are the notification on place of residence form, foreign citizen’s passport and proof of property ownership.

Upon conducting the aforementioned procedure, the following step is filing the Request for Temporary Residence Permit. Such request is filed to the competent police office, which then forwards it to Belgrade office – Ministry of Internal Affairs, which then determines the fulfillment of requirements for issuance of temporary residence permit in the internal control procedure. Processing of such data and the Ministry’s control may take up to one month in regular circumstances. The following documents are submitted along with the Request for Temporary Residence Permit:

• valid passport for review,
• proof that a foreign citizen has sufficient funds during the planned residence period (certificate on available personal funds of the foreign citizen),
• notification on address/place of residence, i.e. “white card”,
• proof on health insurance during the planned residence period,
• proof on payment of relevant fees,
• two photos (35x45mm, color, frontal),
• excerpt from the Serbian Business Registers’ Agency for the employer,
• employment contract or contract on other type of work engagement,
• aforementioned opinion/report of NEA on fulfillment of the job qualifications (in case the foreign citizen is conducting the procedure for his/her employment for the first time) or a decision of the NEA on the approval of commencement of the employment (in case of the extension of a foreign citizen’s temporary residence permit).

Once approved, the temporary residence permit stamp is entered in the foreign citizen’s travel document (passport). Foreign citizen should file for the extension of a temporary residence permit no later than 30 days before the expiration of the valid temporary residence. A temporary residence permit may be granted for the period longer than 90 days but no longer than one year, as the case may be.

Third step is filing the Request for Issuance of the Work Permit.

NEA issues work permits for the persons who have previously obtained temporary residence permits. The Request for the Issuance of the Work Permit is submitted by the employer to the NEA’s office competent for the employer’s registered office.

Following documents are required for the issuance of a work permit (for employment):

• filled Request for Issuance of the Work Permit (for employment),
• decision of the Serbian Business Registers’ Agency on the inscription of the employer in the companies register,
• foreign citizen’s passport (a copy of a first page in the passport, as well as the copy of the page with the temporary residence permit stamp),
• NEA’s report/opinion on a conducted market test,
•  draft of an employment contract or  draft of a contract on another type of work engagement,
• certificate from the database of the Central Register of Compulsory Social Insurance that the employer did not lay off employees on the basis of redundancy, for the job position for which a work permit is requested,
• the excerpt from the employer’s Rulebook on Organization and Systematization of Job Positions,
• diploma proving foreign citizen’s education and a certified translation of the copy of such a diploma,
• CV,
• proof of payment of relevant fees.

We are at your disposal for all questions in relation to the employment of foreign citizens in the Republic of Serbia.