Permanent residence is the approval of long-term residence of a foreign national in the Republic of Serbia. Conditions for approval of permanent residence, decision-making authority and the procedure for issuing approval, as well as the termination of approval for permanent residence of a foreign citizen in the Republic of Serbia are regulated by the provisions of the Law on Foreigners (“Official Gazette of the RS”, No. 24/2018, 31/2019 and 62/2023), the Rulebook on submitting applications for permanent residence electronically (“Official Gazette of the RS”, No. 6/2024) and the Rulebook on approval of permanent residence (“Official Gazette of RS”, No. 118/2023).
A foreigner granted permanent residence is equal in rights and obligations with the citizens of the Republic of Serbia, except in respect of those rights and obligations from which they are exempt based on the Constitution and laws.
A foreigner who is granted permanent residence is issued a foreigner’s ID card, which he is obliged to take over personally.
Conditions for the Approval of Permanent Residence
Permanent residence will be granted to a foreigner who has resided continuously for three years in the Republic of Serbia based on the approval of temporary residence and who, along with the application for the approval of permanent residence, submits:
- a valid personal or official passport or a valid ID card of the state whose nationals, in accordance with applicable regulations, can enter the Republic of Serbia with an ID card;
- proof of having means of support;
- proof of health insurance;
- evidence justifying the request for approval of permanent residence;
- proof of payment of the prescribed fee.
Uninterrupted residence is considered the effective stay of a foreigner in the territory of the Republic of Serbia, with the possibility of multiple absences from the Republic of Serbia of up to ten months or a single absence of up to six months over a period of three years. The time spent by a foreigner who has approved temporary residence serving a prison sentence is not counted towards the time required for approving permanent residence.
When applying for permanent residence, a foreigner must have approved temporary residence, and the timely submission of an application for permanent residence allows the foreigner to legally reside in the Republic of Serbia until the completion of the administrative procedure. The request is submitted no earlier than 60 days before the expiration of the prescribed condition of three years of continuous temporary residence and no later than the expiration of the validity period of the approved temporary residence, that is, the single permit.
A foreigner who has approved temporary residence in the Republic of Serbia to study or go to school cannot apply for permanent residence.
A foreigner who has previously spent a specific time in temporary residence to study or school in the Republic of Serbia and later changed the basis of residence in the Republic of Serbia may apply for permanent residence. Only half of the time spent by the foreigner in the Republic of Serbia to study or schooling can be counted towards the time required to approve permanent residence.
The provisions of the Law on Foreigners, which regulate conditions for approval of permanent residence based on three years of continuous temporary residence based on a temporary residence permit, also apply to a foreigner who has been issued a single permit.
The Rulebook on approval of permanent residence (“Official Gazette of RS”, No. 118/2023) prescribes more detailed conditions for approval and the appearance of the application for approval of permanent residence.
Permanent Residence in Special Cases
Regardless of the conditions prescribed by the provisions of the Law on Foreigners for persons who have a temporary residence permit or a single permit, permanent residence will also be granted to a foreigner who meets the requirements from Article 70 of the Law on Foreigners, namely:
- a minor, if one of the parents is a citizen of the Republic of Serbia or a foreigner who has been granted permanent residence;
- who is originally from the Republic of Serbia;
- who is of Serbian origin;
- another foreigner, if it represents the interest of the Republic of Serbia.
The previously mentioned persons apply for permanent residence during their legal stay on the territory of the Republic of Serbia.
Right to Asylum
A foreigner who has resided continuously in the Republic of Serbia for more than three years will be granted permanent residence based on the approved right to asylum.
For the approval of permanent residence of a foreigner who has resided continuously in the Republic of Serbia for more than three years based on the approved right to asylum, as well as for a member of his/her immediate family who meets the conditions for the approval of permanent residence which are prescribed by the provisions of the Law on Foreigners for persons who have a temporary residence permit or a single permit it is not necessary to meet all the conditions prescribed by Article 70 of the Law on Foreigners, taking into account the specific and personal circumstances of the foreigner who has been granted asylum and a member of his/her immediate family.
Authority for Decision Making
A foreigner personally submits the application for permanent residence in the Republic of Serbia on the prescribed form to the competent authority. The Ministry of the Interior decides on the application for permanent residence of a foreigner in the Republic of Serbia within 60 days from the application’s submission date.
When deciding on the submitted application for the approval of permanent residence, in addition to assessing whether the conditions for the approval of the permanent residence prescribed by the Law on Foreigners are met, the Ministry of the Interior Affairs obtains an assessment from the state authority competent for the protection of the security of the Republic of Serbia on whether the permanent residence of a foreigner in the territory of the Republic of Serbia represents an unacceptable security risk.
The application for permanent residence can also be submitted electronically. The provisions of the Rulebook on submitting applications for permanent residence electronically (“Official Gazette of the RS”, No. 6/2024) prescribe detailed conditions for applying for the approval of permanent residence electronically.
Rejection of Application for Permanent Residence
The application for permanent residence will be rejected to a foreigner:
- who does not meet the conditions of Articles 67, 68, 68a, and 70 of the Law on Foreigners;
- who has been convicted to a prison sentence of more than six months for a criminal offence prosecuted ex officio or if such a criminal offence has been initiated;
- if required for reasons of protecting the security of the Republic of Serbia and its citizens;
- who is subject to an entry ban in the Republic of Serbia;
- who has been issued a security measure or a measure of expulsion of a foreigner.
The rejection of an application for permanent residence in the Republic of Serbia does not affect the possibility of the foreigner further residing in the Republic of Serbia based on the approved temporary residence if he/she meets the conditions provided by the provisions of this law regulating temporary residence.
Against the decision to reject the application for permanent residence, a foreigner may file an appeal to the authority that decided within 15 days from the day of receiving the decision. The appeal is submitted in written form, in the Serbian language, with the payment of the prescribed fee. The Government of the Republic of Serbia decides on the appeal against the decision to reject the application for permanent residence. The appeal postpones the execution of the decision.
An administrative dispute may be initiated against the decision made in the second instance procedure. Initiating an administrative dispute does not postpone the execution of the decision of the second-instance body.
Termination of the Right to Permanent Residence
A foreigner’s right to permanent residence in the Republic of Serbia ceases if:
- he/she represents a real and serious threat to public order or his/her further stay in the territory of the state represents an unacceptable risk to the security of the Republic of Serbia and its citizens;
- he/she has been issued a protective measure of removal or a security measure of expulsion of a foreigner;
- he/she has provided false information about his/her identity or concealed circumstances that were significant for deciding on the rights in the previous procedure;
- it is established that he/she has moved out of the Republic of Serbia or has stayed abroad continuously for more than one year;
- he/she has renounced the right to permanent residence.
The Ministry of Internal Affairs shall decide to terminate the right to permanent residence.
The foreigner may file an appeal against the decision to terminate the right to permanent residence with the authority that decided within 15 days of receiving the decision. The appeal shall be submitted in writing and Serbian, accompanied by the prescribed fee. The appeal suspends the execution of the decision. The Government of the Republic of Serbia shall decide on the appeal against the decision to terminate the right to permanent residence.
An administrative dispute may be initiated against a decision issued in the second instance procedure. Initiating an administrative dispute does not suspend the execution of the decision of the second-instance authority.
Reacquisition of the right to permanent residence
A foreigner whose right to permanent residence has ceased because they have left the Republic of Serbia or have continuously resided abroad for more than one year may submit a request for reacquisition of the right to permanent residence if, at the time of submitting the request, they have been granted temporary residence in the Republic of Serbia for a continuous period of three years.
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Temporary residence permit »
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