In the Official Gazette of RS no. 118 dated December 28, 2023, a new Rulebook on Approval of the Permanent Residence (“Rulebook“) was published. It came into force on January 5, 2024, replacing the previous Rulebook on Detailed Conditions for Approval of Permanent Residence, Appearance of a Request for Permanent Residence, Appearance and Manner of Placing a Permanent Residence Sticker in a Foreign Travel Document (Official Gazette of RS no. 72/18).

The Rulebook introduces significant changes to the procedure of approval of the permanent residence to foreigners in the Republic of Serbia. Specifically:

1. Unlike the previous one, the new Rulebook distinguishes between various categories of foreigners in terms of the deadline for submitting request. Namely:

• Foreigners claiming permanent residence from the status of approved temporary residence are obliged to submit their request no earlier than 60 days before the expiration of the prescribed period of three years of continuous temporary residence, and no later than the expiration of the approved temporary residence or the unified permit (for residence and work in the Republic of Serbia).
• Foreigners applying for permanent residence in special cases, i.e.: a minor whose one parent is a citizen of the Republic of Serbia or a foreigner with approved permanent residence, foreigner of Serbian origin, foreigner of Serbian descent and other foreigners if it is in the interest of the Republic of Serbia, must submit their requests during their legal stay in the territory of the Republic of Serbia.
• Foreigners claiming permanent residence based on approved asylum must submit their applications if they have been continuously residing on the territory of the Republic of Serbia for more than three years based on the approved asylum.

2. Regarding the personal documents that need to be submitted along with the request, in addition to the previous requirement of a passport copy, the application can now include a copy of an official passport or a valid ID card of the state whose citizens can enter the Republic of Serbia with an ID card, according to applicable regulations. However, a foreigner seeking permanent residence based on approved asylum is not obligated to submit the mentioned documents if unable to do so for justified reasons as set out by the Regulation.

3. Proof of means of subsistence for the foreigner is no longer required to specifically relate to funds in a bank registered in the Republic of Serbia. 

4. As regards the guarantee of an individual who is a member of the household of the applicant and will therefore bear the costs of subsistence of the foreigner, the guarantor must also provide evidence of possessing sufficient funds. 

5. On the subject of a proof that the request of a foreigner claiming permanent residence from the status of approved temporary residence is justified, it is no longer required for the relationship proof – excerpt from the registry office to be issued in the last six months. Additionally, a novelty is also the possibility of requesting other proofs that are in accordance with the law and by-laws prescribed as evidence for the basis on which the foreigner was previously granted temporary residence, i.e., unified permit.

6. As for the proof of justification of the request for minors whose one parent is a citizen of the Republic of Serbia or a foreigner with approved permanent residence, there is a new requirement – to provide the relationship proof (birth certificate). It is explicitly stated for this category of individuals that the consent of the other parent is not required if, by a final court decision, the child has been entrusted to the care of the parent applying for approval of permanent residence for the child, or if the other parent is unknown, deceased, or completely deprived of parental rights or legal capacity. Finally, in the case of a request for an unaccompanied minor with approved asylum in the Republic of Serbia, the request is submitted by the legal guardian or legal representative of the minor, in the presence of the minor.

7. When it comes to proving the origin of a foreigner of Serbian origin, there is an obligation to submit proof of origin from the Republic of Serbia (birth certificate for the applicant, birth certificate for one or both parents of the applicant).

8. On the other hand, for proving the justification of the request for a foreigner of Serbian descent, there is an obligation to submit a document on Serbian origin (domestic or foreign public document that has the evidentiary force of a domestic public document, or a baptism certificate from the Serbian Orthodox Church indicating the origin).

9. Regarding the proof of the justification of the request for individuals with approved asylum in the Republic of Serbia, there is an obligation to submit the decision on approving that right, as well as a copy of the individual’s ID card.

10. The Rulebook further stipulates that documents submitted in support of the application, not issued by the competent authorities of the Republic of Serbia or not in Serbian or bilingual, must be submitted with a translation by an authorized court interpreter.

11. Finally, provisions related to the obligation to submit a photograph, the registered address of the foreigner’s residence in the Republic of Serbia, and the appearance and manner of entering the sticker of permanent residence have been removed.

12. The application form itself has been modified in accordance with all previously mentioned changes.

This article is to be considered as exclusively informative, with no intention to provide legal advice. If you should need additional information, please contact us directly.