Descendants of Serbian emigrants living in Australia, Canada, Germany and other major countries often believe they have lost their right to acquire Serbian citizenship because they were not registered at birth. According to data from the Government of the Republic of Serbia, the Serbian diaspora numbers more than 3 million people living abroad.
Serbian citizenship by descent, also known as ius sanguinis, is an important legal institution that allows people with Serbian roots to formalise their legal status as citizens of Serbia, even if they were not born on the territory of Serbia. In practice, Serbian citizenship by descent is most often the first step for descendants of Serbian emigrants.
This process is regulated by the Law on Citizenship of the Republic of Serbia (hereinafter: the Law), which clearly defines the conditions, procedure and required documentation for Serbian citizenship by descent.
If you are wondering how Serbian citizenship by descent works, the key lies in proof of Serbian origin and timely registration. For an overview of all grounds for acquiring Serbian citizenship, see our guide on how to obtain Serbian citizenship.
The current legal system provides for four basic ways to obtain Serbian citizenship:
- Acquisition of citizenship by descent
- Birth on the territory of the Republic of Serbia
- Naturalisation
- Pursuant to the provisions of international treaties
The primary method of acquiring citizenship of the Republic of Serbia is by descent, while place of birth serves as a supplementary criterion. In this blog we will examine in detail how the acquisition of Serbian citizenship on this basis works, as well as some of the options for acquiring citizenship through naturalisation, including all important steps and legal provisions. In other words, our focus is on citizenship acquisition by descent and the practical steps involved.
Obtaining citizenship by this route offers the opportunity to renew and preserve ties with Serbian heritage and culture. For the diaspora, acquiring citizenship by descent often also means simpler residence and employment in Serbia.
If we focus exclusively on Serbian citizenship by descent, this means that a person can acquire Serbian citizenship if they meet certain conditions relating to their origin or belonging to the Serbian people. This generally means that the person has a parent or ancestor who is a citizen of Serbia or is of Serbian origin. That is precisely why citizenship acquisition by descent is the central theme of this text.
The process of acquiring citizenship involves submitting the appropriate documentation confirming belonging to the Serbian people or origin from Serbia.
Let us also look at the process in reverse: in practice, it frequently happens that foreigners of Serbian descent, before submitting an application for naturalisation in the Republic of Serbia, first regularise their residence in Serbia with the aim of exploring living conditions there. For this purpose, a special programme called "Carta Serbica" was introduced, intended for persons of Serbian descent who do not hold citizenship of the Republic of Serbia but wish to live, work or spend their retirement years in Serbia.
This basis of residence represents a kind of facilitation for persons of Serbian descent, as it enables them to regularise their status in Serbia more easily, and it frequently represents the first step towards subsequently initiating the procedure for Serbian citizenship by descent.
Contents
Who is entitled to Serbian citizenship by descent?
Who is entitled to Serbian citizenship by descent? Does my child automatically acquire citizenship if one parent is Serbian?
The Law defines several key ways in which a child (a person under the age of 18) may acquire citizenship by descent:
1. Both parents are citizens of Serbia
A child will acquire citizenship of the Republic of Serbia if both parents were citizens of the Republic of Serbia at the time of the child's birth. In this case, Serbian citizenship by descent is direct and uncontested.
2. One parent is a citizen of Serbia, and the child was born in Serbia
If one parent is a citizen of Serbia and the child was born on the territory of the Republic of Serbia, the child will acquire Serbian citizenship. This is also a form of citizenship acquisition by descent, combined with the element of place of birth.
3. One parent is a citizen of Serbia, and the other is unknown or stateless, and the child was born abroad
If the child was born abroad and one of the parents is a citizen of Serbia, while the other parent is unknown, of unknown citizenship or stateless, the child may also acquire citizenship of the Republic of Serbia. Here too the basis is Serbian citizenship by descent, subject to additional checks.
For a child born abroad whose one parent is a citizen of Serbia and the other is a foreign national, additional conditions for acquiring citizenship of the Republic of Serbia are stipulated:
Registration before the age of 18 by the parent, or independently before the age of 23 (the key to Serbian citizenship by descent).
The parent who is a citizen of Serbia must register the child with the competent diplomatic or consular mission of the Republic of Serbia before the child reaches 18 years of age and submit an application for the child's entry into the citizenship register.
Statelessness = facilitated conditions
If the child would otherwise become stateless, the child acquires Serbian citizenship even if the condition of registration before the age of 18 has not been met. The aim is to facilitate Serbian citizenship by descent where statelessness is threatened.
Child's consent (14+)
If the child is older than 14, the child's own consent to the acquisition of citizenship is also required. This rule also applies where the basis is Serbian citizenship by descent.
Practical example
Ana was born in Canada; her father Marko is a citizen of the Republic of Serbia, while her mother Sara is a Canadian citizen. When Ana turned 17, Marko decided to apply for Ana's Serbian citizenship. They prepared the documentation and visited the General Consulate of the Republic of Serbia in Toronto, where Marko submitted an application for Ana's entry into the citizenship register of the Republic of Serbia. The consular officials reviewed the documentation, confirmed that the conditions were met and approved the application. Ana is now registered as a citizen of the Republic of Serbia, which enables her to enjoy all the rights and privileges that come with that status, including the right to education, healthcare and residence in Serbia without restrictions. Details of the rights that open up upon acquiring citizenship are described in our comprehensive article on residence of foreigners in Serbia.
This case clearly shows how Serbian citizenship by descent works for minors born abroad.
Adults: Serbian citizenship by descent
An analogy that helps to understand the difference between the two routes: acquiring citizenship by descent resembles the right of inheritance — the right arises at birth, and subsequent determination merely confirms what already exists.
Naturalisation on the basis of ethnic ties, by contrast, resembles submitting an application to renew an expired contract: the right exists only from the moment it is approved, not retroactively. This difference determines which fact must be proved and what the legal consequences are.
Therefore, the difference lies in the effect: naturalisation in the Republic of Serbia on the basis of belonging to the Serbian people does not take effect retroactively, but from the date on which the naturalisation decision is issued. This type of effect of naturalisation means that the party becomes a citizen of the Republic of Serbia from the specific date on which the decision was issued, and not retroactively, as in the case of acquiring citizenship by descent — which is important to bear in mind when planning future steps or obligations arising from the acquisition of citizenship.
In contrast, acquisition of citizenship by descent recognises status from birth.
Persons over the age of 18 who were born abroad may also acquire Serbian citizenship by descent, but under different conditions. The key difference: deadlines and supporting documentation.
If a person is over 18, born abroad, and has one parent who is a citizen of Serbia, they may acquire Serbian citizenship by submitting an application to the competent authorities of the Republic of Serbia before reaching the age of 23. Observing the deadlines is crucial for citizenship acquisition by descent for adult applicants.
It is important that the person submits an application for entry into the citizenship register before turning 23, provided they have not already acquired Serbian citizenship by another means.
Adoptees: Serbian citizenship by descent
Adoptees may also acquire Serbian citizenship by descent. If the adoptee is a foreign national or a stateless person, citizenship is acquired under the conditions applicable to children born abroad. This is an important channel for acquiring citizenship by descent where adoption is involved.
The application for the adoptee's entry into the citizenship register must be submitted by the adoptive parent, who must be a citizen of Serbia. If the adoptee is over 18, the application must be submitted before the adoptee turns 23. Again, deadlines matter for the successful acquisition of citizenship by descent.
Persons who acquire citizenship by descent are considered citizens of the Republic of Serbia from birth, meaning that their rights and status are retroactively recognised from the very moment of birth.
In this way, the process of acquiring citizenship by descent enables many people with Serbian roots to become part of the Republic of Serbia and enjoy all the rights and privileges that come with Serbian citizenship. This retroactive effect is a particular advantage offered by Serbian citizenship by descent.
Descendants of the Serbian people: how to prove Serbian citizenship by descent?
In practice, it is very common to encounter situations where people at a later stage in life, having had some family connection to Serbian heritage, become interested in exploring the option of acquiring Serbian citizenship.
A typical question: what evidence should be submitted for Serbian citizenship by descent?
If you are over 18 — or indeed over 23 — and believe there is no longer any legal basis for you to apply for citizenship of the Republic of Serbia, we believe the explanation that follows will be welcome news.
The most favourable way to acquire citizenship of the Republic of Serbia for all members of the Serbian people and their descendants, who regard Serbia as their homeland, is by proving an ethnic connection to Serbia. This mechanism often accelerates citizenship acquisition by descent. For parallel situations, such as acquiring citizenship through marriage to a Serbian citizen, our article on Serbian citizenship through marriage is also available.
The procedure for acquiring citizenship on the basis of belonging to the Serbian people is interesting because it does not require strictly prescribed documentation; instead, it opens up the possibility of finding a variety of documents in one's own archive that may serve as evidence.
This means that applicants may use a wide range of documents to prove their Serbian origin, such as personal documents of ancestors written in Serbian, family books, civil registry records, baptismal certificates or other archival materials that can confirm their heritage and family ties to an ancestor who identified as Serbian or as a member of the Serbian people.
The diversity of evidence enables applicants to gather relevant proof and provide a deeper insight into their family background in order to successfully apply for Serbian citizenship.
The first and key condition for Serbian citizenship by descent is, as the name itself suggests, Serbian origin. It is necessary to prove that the applicant identifies as a member of the Serbian people. In addition, it is essential to provide substantiation that the ancestors of the foreign national (the applicant for citizenship) identified as Serbs.
Evidence of these facts is submitted in the form of public documents or other relevant civil records. It is also necessary to prove the existence of a family relationship between the foreign national and the Serbian ancestor in the direct descending line. All of these elements directly affect the successful acquisition of citizenship by descent.
It is important to note that the right to acquire Serbian citizenship on the basis of belonging to the Serbian people is available to foreign nationals who do not have a place of residence on the territory of the Republic of Serbia.
Such a possibility is significant because applicants do not need to travel to Serbia in person in order to exercise their rights, which facilitates the application process and enables them to submit an application for naturalisation outside the country through a proxy. For the diaspora, this practically accelerates citizenship acquisition by descent without travel.
The relevant legal provisions set out the precise conditions that applicants must meet:
1. Ethnic connection
Proof of origin or belonging to the Serbian people through relevant documentation, such as civil registry records, baptismal certificates or other evidence confirming Serbian descent.
2. Legal age
The applicant must be of legal age. If both parents acquired citizenship of the Republic of Serbia through naturalisation, their child under the age of 18 also acquires citizenship of the Republic of Serbia.
3. Legal capacity
The applicant must not have had their legal capacity revoked.
4. Declaration
A written declaration by the applicant that they regard Serbia as their homeland, thereby confirming their emotional and cultural connection to Serbia. This element is common in cases concerning Serbian citizenship by descent.
The Law specifically singles out persons born in the states of the former SFRY who held citizenship of that state or who are citizens of other states formed on the territory of the former SFRY, and who as refugees, displaced or internally displaced persons are settled in Serbia or have fled abroad. The same conditions apply to this category of applicants as to members of the Serbian people.
Practical example
Marko Petrović, born in Australia, decided to apply for naturalisation in Serbia on the basis of belonging to the Serbian people. His grandparents, Milana Petrović and Jovan Petrović, are originally from the former Yugoslavia and emigrated to Australia in the 1960s. The Petrović family is firmly attached to its cultural and national heritage, as evidenced by its membership in the Serbian Orthodox Church. In accordance with the legal provisions of the Republic of Serbia, Marko Petrović submits an application for Serbian citizenship, enclosing the necessary documentation confirming his belonging to the Serbian people, civil registry records for his grandparents, baptismal certificates, and a declaration that he regards the Republic of Serbia as his homeland. By taking this step, Marko Petrović formalises his status in Serbia and re-establishes ties with his cultural and national identity.
For the purposes of regularising residence and employment in Serbia, which may precede this process, useful information is available on work permits for foreigners.
In brief: the documents for proving ethnic ties are flexible, but the Ministry of the Interior's discretionary power remains. Quality documentation has a direct impact on the outcome of the procedure.
Emigrants and descendants: Serbian citizenship without residing in Serbia
For emigrants and their descendants originating from Serbia, the possibility of acquiring Serbian citizenship represents an important step in preserving cultural ties and identity. Among the diaspora, the most common basis is precisely citizenship acquisition by descent.
The Law precisely defines an emigrant as a person who has permanently emigrated from the Republic of Serbia with the intention of living abroad. This category also encompasses their descendants, who may apply for Serbian citizenship under certain conditions.
Emigrants and their descendants may be naturalised in the Republic of Serbia if they have reached the age of 18 and have legal capacity. The key condition is the submission of a written declaration expressing that the applicant regards Serbia as their homeland.
This declaration represents a symbolic but important step in the naturalisation process. Serbian citizenship by descent enables emigrants and their descendants to access various benefits, such as easier travel, the right to reside in Serbia without a visa, and the preservation of cultural and linguistic ties with Serbia.
Emigrants who also plan to establish a company in Serbia can find more information in the article on setting up a company in Serbia.
In brief: an emigrant and the descendant of an emigrant are in a favourable position — there is no residency requirement, no obligation to renounce foreign citizenship and no time limit.
The procedure for acquiring Serbian citizenship
An application for acquiring citizenship of the Republic of Serbia is submitted to the Ministry of the Interior, through the internal affairs authority at the place of permanent or temporary residence, or through an authorised proxy. It is also possible to submit the application through the competent diplomatic or consular mission of the Republic of Serbia abroad. This applies both to citizenship acquisition by descent and to naturalisation in Serbia. The current residence rules that apply prior to acquiring citizenship are regulated by the Law on Foreigners.
After the application is submitted, the Ministry of the Interior conducts a multi-month procedure to verify that all conditions prescribed by the Law on Citizenship of the Republic of Serbia are met. If the Ministry finds that all statutory conditions are fulfilled, it issues a decision on citizenship acquisition. In cases of citizenship acquisition by descent, most of the time is spent on gathering evidence.
It is important to emphasise that the Ministry may reject an application for citizenship if, in its free assessment, it determines that there are reasons in the interest of the Republic of Serbia that would justify rejecting the application. These reasons may vary, but generally relate to national security, public order or state interests. That is precisely why quality documentation is crucial for citizenship acquisition by descent.
I have not been entered into the register — what now?
If your parents were citizens of the Republic of Serbia at the time of your birth, meaning that you met the conditions for acquiring citizenship by descent, but were not entered into the citizenship register in time, do not worry — you have not lost the possibility of acquiring citizenship of the Republic of Serbia.
In that case, it is necessary to submit an application to the Ministry of the Interior for the determination of your citizenship. This application may be submitted personally by you, by a competent authority conducting proceedings relating to the exercise of your rights, or it may be initiated ex officio. This procedure in practice rehabilitates the missed acquisition of Serbian citizenship by descent.
Based on your application, the Ministry will determine that you acquired the right to citizenship of the Republic of Serbia at birth and issue a decision establishing citizenship. Such a decision has declaratory effect, meaning that all rights arising from citizenship will be retroactively recognised from the moment of birth. This is the essence of the retroactive effect brought about by acquiring citizenship by descent.
Once citizenship has been established, you will be entered into the citizenship register of the Republic of Serbia. This step is crucial for formalising your status as a citizen of Serbia and opens the door to all the rights and obligations that citizenship entails.
Does Serbian citizenship by descent entail renouncing existing citizenship?
No. Serbia permits dual citizenship, so persons who acquire Serbian citizenship by descent are not required to renounce the citizenship of the country in which they live. Nevertheless, it is advisable to check the regulations of your country of origin, as some countries do not allow dual citizenship. More information is available in the article on the Serbian passport.
Up to what age may an application for Serbian citizenship by descent be submitted?
For children under 18, the application is submitted by the parent who is a Serbian citizen, with no time restriction before the child reaches adulthood. For adults between the ages of 18 and 23, the application is submitted by the person in their own name, before they turn 23. After this deadline expires, the right under the descent provision can no longer be exercised, but the possibility of naturalisation on the basis of ethnic ties with the Serbian people remains.
What documents are required to prove Serbian descent?
For descent through a Serbian citizen ancestor: birth certificate of the applicant, citizenship certificate of the parent or ancestor, and other proof of family relationship. For ethnic ties: baptismal certificates, family books, old letters and photographs, membership in Serbian cultural associations. All documents must be translated and legalised. For a general overview of foreigners' rights in this process, see the blog on residence of foreigners in Serbia.
Can the application be submitted from abroad, without coming to Serbia?
Yes. The application may be submitted through the competent diplomatic or consular mission of the Republic of Serbia in the applicant's country of residence. It is also possible to engage an authorised proxy in Serbia who will represent the applicant throughout the entire procedure.
What is the deadline for the Ministry of the Interior to decide on the citizenship application?
The Law on Citizenship does not prescribe a fixed deadline for the Ministry of the Interior to decide on an application for naturalisation. In practice, the procedure takes from several months to a year, depending on the complexity of the supporting documentation and the administrative capacity of the authority.
Can a person be rejected even if they meet all the formal conditions?
Yes. The Ministry of the Interior has the discretionary authority to reject an application even when all prescribed conditions are formally met, if it determines that there are reasons in the interest of the Republic of Serbia. That is precisely why thorough preparation of documentation and engaging an immigration lawyer are of key importance.
After receiving the naturalisation decision, is it possible to apply for a Serbian passport at the diplomatic or consular mission of Serbia in the country where I live?
Yes, but one more important step must not be skipped along the way. Specifically, upon receiving the decision on naturalisation in the Republic of Serbia, it is necessary to complete the registration in the civil registry books in the Republic of Serbia, as well as registration in the citizenship register of the Republic of Serbia. Only once that data has been formally recorded in the competent registers are the conditions met for submitting an application for the issuance of personal documents, together with proof that you are registered in the domestic registers.
About the authors
- Law on Citizenship of the Republic of Serbia, Official Gazette of RS, nos. 135/2004 and 90/2007: paragraf.rs
