Imagine this scenario: you have arrived in Serbia with the intention of starting a new chapter in your life, but before you even noticed, small mistakes began to surface – mistakes that could turn into serious legal issues. Foreigners in Serbia often face a variety of challenges that may easily lead to legal violations, either unknowingly or due to a lack of familiarity with specific regulations. You may have found yourself wondering whether you properly registered your place of residence, whether you paid attention to the total length of your stay in the country, or whether your work activities comply with the law. These are just a few of the common questions foreigners encounter. Now is the right time to become familiar with the relevant legal provisions, learn how to protect yourself from frequent practical oversights, and understand how to avoid potential legal complications.
Rights Guaranteed to Foreigners
The Constitution of Serbia stipulates that foreigners, in accordance with international agreements, are entitled to all rights guaranteed by the Constitution and law, except for those explicitly reserved for Serbian citizens.
In other words, any right that a Serbian citizen may enjoy is also available to a foreigner, except for those that are, either by the Constitution or by the law, exclusively defined and guaranteed only to Serbian citizens. For example, Serbian citizens are exclusively guaranteed electoral rights, the right to access public services, the right to personal identification documents, and the unrestricted right to acquire ownership of real estate.
The most fundamental right of any foreigner is the right to enter and reside in the territory of Serbia. The conditions for entry and stay vary depending on the foreigner’s nationality. The Law on Foreigners (hereinafter: the Law) clearly recognizes the existence of the right and freedom of movement and residence of foreigners in Serbia. At the same time, it prescribes the obligation to respect laws and regulations, including procedures for the return of foreigners in cases of breach of obligations. On the other hand, the legal status of foreigners and Serbian citizens is equal in terms of rights and obligations related to employment, provided that the conditions prescribed by the Law on the Employment of Foreigners (hereinafter: LEF) are met. Serbia thus grants foreigners the same scope of rights and duties as Serbian citizens, whether they wish to be employed or engage in self-employment, as long as all legal requirements are fulfilled and all obligations imposed by the legislator are observed.
Since every right is accompanied by corresponding obligations, it is of particular importance for foreigners to become familiar in a timely manner with the most essential duties that apply upon their arrival and during their stay in Serbia.
Most Common Offences Committed by Foreigners
Although the majority of foreigners in Serbia seek to comply with the applicable regulations, certain violations inevitably occur due to lack of knowledge, insufficient information, or incomplete understanding of the relevant legal provisions.
With the recent reforms Serbia has introduced to the legal framework governing the status of foreigners, many of foreigners’ obligations have become clearer and more transparent. However, there is still room for missteps that may later lead to significant complications during a foreigner’s stay in Serbia.
1. Violation of Entry and Residence Regulations
As previously mentioned, the visa regime and the number of tourist days a foreigner is permitted to spend in Serbia depend, among other factors, on the nationality the foreigner holds. The general rule established by the Law is that a foreigner may stay in Serbia for up to 90 days within any 180-day period, unless otherwise provided by international agreements.
Based precisely on such international agreements, for example, citizens of Nigeria are required to obtain a visa in order to enter Serbia, whereas citizens of the Russian Federation may enter and stay in the country without any additional visa requirements. If a citizen of a country that is subject to a visa requirement attempts to enter Serbia without holding a valid visa, such action constitutes illegal entry.
Illegal entry is classified as a misdemeanor offence, and the foreigner may be subject to a monetary fine ranging from RSD 50,000 to 150,000, along with a far more serious measure – deportation from the territory of Serbia. If a Serbian citizen assists in the commission of such an offence, by facilitating a foreigner’s illegal entry, transit, or unauthorized stay, the citizen may face both a monetary fine and imprisonment.
Regardless of the applicable entry regime, the same rule applies to all foreigners – residence is permitted only within the limits of an approved visa or in accordance with the legal provisions. If a foreigner exceeds the permitted number of tourist days, their stay in Serbia becomes unlawful, which constitutes another common offence. Such situations, classified by the competent authority as offence, following judicial proceedings, often result in convictions and monetary dines. In addition, foreigners may also be subject to a return decision, i.e., an obligation to leave the country.
2. Failure to register the Foreigner’s address
After lawfully entering the country, a new set of obligations arises that must be carefully observed. Every foreigner, regardless of their nationality, is required to register their address of residence in Serbia with the competent authorities upon arrival.
Besides the fact that registering the place of residence (i.e., the address at which the foreigner is staying in Serbia) is the foreigner’s obligation, it is equally the responsibility of the individuals providing accommodation – whether they offer accommodation for compensation, or those with whom the foreigner is staying privately as a guest.
It is often heard that the residence address is just a myth and that no one actually complies with it. However, such claims are far from the truth. The Law prescribes penalties for both parties: the person accommodating the foreigner, as well as the foreigner themselves. According to the relevant legal provisions, if the registration of the foreigner’s address is not completed within 24 hours from the moment of enteringthe country, monetary fines may apply depending on the status of the host (a natural or legal person). The host may be fined between RSD 5,000 and RSD 2,000,000, while the foreigner may face a fine ranging from RSD 5,000 to RSD 150,000.
3. Illegal stay
If you intend to stay in Serbia for longer than the permitted tourist stay, it is important to know in advance how to avoid making your stay in Serbia illegal.
An interesting provision of the Law is that a stay in Serbia is considered illegal if it contradicts the reasons for which the residency permit of unified permit was issued. For example, if you applied for residence in Serbia for the purpose of studying, but upon reviewing the factual situation, the competent authority determines that you are working in Serbia without the appropriate permit.
Moreover, although foreigners with permanent residence status are given special treatment in Serbia, it is important to note that if a foreigner loses its right to permanent residence, staying in Serbia is considered a serious violation of the Law and qualifies as an illegal stay.
A particular aspect of cases involving illegal stay in Serbia, besides the imposition of monetary fine, is that the competent authority also issues a decision ordering the foreigner’s return. Of course, the specific circumstances of each case are taken into account, but the outcome is clear: you cannot remain in Serbia if you do not comply with its laws. The question is whether the competent authority will give you the opportunity to voluntarily and independently leave the country after the offence procedure is completed and the fine is paid, or whether state enforcement measures will need to be applied to forcibly remove you from the country.
4. Working in Serbia without the Appropriate Permit
Working without the appropriate permit (unified permit) in Serbia is a serious offence that can have significant consequences for both the foreigner and the employer. In accordance with the LEF, the employment of foreigners is permitted only if the foreigner holds one of the following:
- A long-term visa based on employment,
- A temporary residence permit,
- An approved permanent residence,
- A unified permit (residence and work permit) issued based on specific criteria and conditions.
In addition to the fact that a foreigner is not allowed to work in Serbia without the appropriate permit, it is clearly stated that the employer must not employ or utilize the work of a foreigner who is staying illegally in Serbia and who does not meet the conditions for employment. Therefore, the consequences of non-compliance affect both parties in the employment relationship, with different outcomes.
Consequences for the Foreigner
When a foreigner is found working without a valid permit, they may face a fine ranging from RSD 15,000 to RSD 150,000. The exact amount is determined based on the seriousness of the offence and the specific circumstances of the case. However, a far more serious consequence in such situation is the possibility of being banned from entering Serbia, which is the possibility that the Law provides. The circumstances of the case, the foreigner’s behavior during the proceedings, recidivism, and similar specifics can influence the decision regarding the duration of the entry ban. In the most severe cases, the entry ban may last up to five years.
Consequences for the Employer
Employers who hire foreigners without the appropriate work permit also bear responsibility. Non-compliance with the obligations under the LEF is considered an offence, for which a fine of up to RSD 2,000,000 is prescribed for the employer. Of course, as with most offences committed by legal entities, the authorized person within the legal entity will also be fined, with penalties of up to RSD 150,000.
In addition to the monetary fine, employers in such situations may face serious consequences for their future business operations. If the employment of foreigners is contrary to the LEF the employer may also be banned from conducting business for a period of up to one year.
Staying on the Right Side of the Law
While Serbian legislation grants foreigners rights that closely mirror those of Serbian nationals, it is crucial for non-citizens to be well-informed about the legal framework to avoid actions that could seriously jeopardize their status. Understanding the laws, as well as rights and obligations, is key to ensuring security and a successful stay in the country.
What may initially appear to be a minor oversight can, in practice, leaf to serious consequences – particularly in cases involving violations of residency and work regulations. In addition to specific legal obligations that apply to foreigners due to their unique legal status, it’s equally important to observe all general legal requirement that apply to anyone residing in Serbia. Timely information of your legal responsibilities in Serbia, adherence to procedures, and the prompt obtaining of necessary documents not only protects you from potential issues but also allows for a peaceful stay and work in Serbia.
To ensure compliance, always rely on verified sources of information, keep track of any changes in the legal framework, and seek expert advice when in doubt. With a careful and informed approach, most legal pitfalls can be avoided, allowing you to fully enjoy everything Serbia has to offer, free of unnecessary legal complications.
