Temporary residence in Serbia based on family reunification

Temporary residence in Serbia based on family reunification allows foreign nationals to legally reside in the Republic of Serbia together with their family members. This type of residence is of particular importance because it protects the right to family life, recognised both by domestic legislation and international standards, and helps prevent families from being separated due to administrative, visa, or immigration-related barriers.

The conditions and procedure for exercising the right to temporary residence in Serbia on the grounds of family reunification are regulated by the provisions of the Law on Foreigners (“Official Gazette of the RS”, Nos. 24/2018, 31/2019 and 62/2023) (hereinafter: Law on Foreigners), and the Rulebook on the Approval of Temporary Residence (“Official Gazette of the RS”, No. 6/2024) (hereinafter: Rulebook on the Approval of Temporary Residence).

General Conditions for Granting Temporary Residence Permits

Along with the application for the approval or extension of temporary residence in Serbia, a foreign national must submit:

A valid identity document that must be valid for at least three months longer than the period for which temporary residence is being requested, namely:
a) a valid personal or official passport, and
b) a valid national identity card of the country of citizenship, if, in accordance with applicable regulations, entry into the Republic of Serbia is allowed with an identity card;
Proof of means of subsistence during the planned stay;
Registration of residence or address in the Republic of Serbia;
Proof of health insurance for the duration of the planned stay;
Evidence justifying the request for temporary residence in accordance with the grounds prescribed by the Law on Foreigners, as well as other documents at the request of the competent authority; and
Proof of payment of the prescribed administrative fee.

Proof of means of subsistence during the planned stay and proof of health insurance during the planned stay are not required from a foreigner who is an immediate family member of a citizen of the Republic of Serbia, a foreigner who is being employed, or an immediate family member of a foreigner who is being employed.

The Rulebook on the Approval of Temporary Residence prescribes the detailed conditions for granting temporary residence, the format of the temporary residence application, and the format of the temporary residence permit form.

Temporary Residence on the Grounds of Family Reunification

If the general conditions for granting temporary residence, as stipulated by the provisions of the Law on Foreigners, are fulfilled, temporary residence on the grounds of family reunification can be granted to a foreigner:

to a member of the immediate family of a national of the Republic of Serbia,
to a member of the immediate family of a foreigner who has been granted temporary residence or permanent settlement in the Republic of Serbia, as well as
to a member of the immediate family of a foreigner who has been granted asylum in the Republic of Serbia.

The immediate family, within the meaning of the Law on Foreigners, shall be considered to be the spouses, common-law partners, their children born in or out of marriage, adopted children or stepchildren until they turn 18 years of age who are not married, as well as the parents, i.e. the adoptive parents of the children which did not turn 18 years of age which are not married.

By way of exception, a member of the immediate family can be considered to be:

Another relative of a national of Serbia or of a foreigner who has been granted temporary residence or permanent settlement in the Republic of Serbia or another relative of his/her spouse or common-law partner, who depends on their support and has no adequate family support in the country of origin, or
An adult child of a national of Serbia or of a foreigner who has been granted temporary residence or permanent settlement in the Republic of Serbia or an adult child of his/her spouse or common-law partner which did not enter into a marriage, who is unable to provide for his/her own needs on account of the state of his/her health.

In case of a polygamous marriage, family reunification shall be granted to one spouse only and to their common children who have not turned 18 years of age who are not married.

Temporary Residence for a Family Member of a Foreigner Who Has Been Granted Asylum

For granting temporary residence to a foreign national who is an immediate family member of a person granted asylum in the Republic of Serbia, it is not necessary to meet all the general conditions for issuing temporary residence permits as prescribed by the Law on Foreigners, nor the requirement that the application for temporary residence may be submitted only by a foreigner who has lawfully entered the Republic of Serbia and does not require a visa for entry, or who has entered the Republic of Serbia with a long-stay visa and is residing legally there – taking into account the specific and personal circumstances of the individual granted asylum and their immediate family members.

If the foreigner who has been granted asylum in the Republic of Serbia is a minor, his/her parents may apply for temporary residence on the grounds of family reunification under the aforementioned conditions, in order to preserve the family unit.

In case that a member of the immediate family of the foreigner who has been granted asylum in the Republic of Serbia does not possess a travel document, the temporary residence shall be granted by means of a decision.

Validity Period of Temporary Residence on the Grounds of Family Reunification

A foreigner who is being granted temporary residence on the grounds of family reunification with a foreigner who has been granted temporary residence in the Republic of Serbia shall be approved for temporary residence until the expiry of the validity period of the temporary residence granted to the foreigner with whom the family reunification is being sought.

The temporary residence shall be approved for the foreigner to whom the temporary residence is being approved based on family reunification with the foreigner to whom the single permit has been issued until the expiry of the validity term of the single permit of the foreigner with whom family reunification is sought.

Temporary Residence of an Underage Foreigner Born in the Territory of the Republic of Serbia

A parent, guardian or legal representative of a child who was born in the territory of the Republic of Serbia, and whose both parents are foreign nationals, shall be obliged to, within three months from the child’s birth, apply for granting temporary residence to the child.

Temporary residence shall be granted for the period for which temporary residence of the parents, guardians or the legal representative of the child has been granted, i.e. for the period of up to three years if one of the parents, guardians or the legal representative of the child is a permanently settled foreigner.

Autonomous Residence

A foreigner who is a member of the immediate family of a national of the Republic of Serbia, a foreigner who has been granted temporary residence, permanent settlement or asylum in the Republic of Serbia and who has remained uninterruptedly over the past four years in the Republic of Serbia on account of family reunification, and who fulfils the general conditions for issuing temporary residence permit, can be granted, at his/her request, autonomous residence.

The foreigner who is a member of the immediate family of a national of the Republic of Serbia, a foreigner who has been granted temporary residence, permanent settlement or asylum in the Republic of Serbia who over the past three years uninterruptedly resided by virtue of temporary residence on account of family reunification can be, at his/her request, granted autonomous residence in the case where the national of the Republic of Serbia or the foreigner with whom the right to family reunification has been exercised has died.

By way of exception, the foreigner who is a member of the immediate family of a national of the Republic of Serbia, a foreigner who has been granted temporary residence, permanent settlement or asylum in the Republic of Serbia, who has been granted temporary residence for the purpose of family reunification for a period of time which is shorter than four years, and who is a victim of domestic violence or in case of some other particularly severe circumstances may, at his/her request, be granted autonomous residence in the case where the general for issuing temporary residence permit are not fulfilled.