For many people, renouncing citizenship often represents a step towards a new adventure: permanent relocation to another country. This decision frequently arises from the need to avoid legal conflicts or restrictions in a country of residence that does not allow dual citizenship. Cessation of Serbian citizenship enables individuals to fully adopt their new country as their sole state and access all the rights and benefits it provides. According to data from the Office for Cooperation with the Diaspora and Serbs in the Region, the Serbian diaspora numbers almost 3 million people.
In light of increasing global mobility, understanding the procedures and options relating to the cessation of citizenship is becoming crucial for individuals who live or work abroad. Citizenship relations are a complex topic requiring careful balancing between national legislation and international norms, with due regard for the rights and freedoms of each individual.
Deciding on the cessation of Serbian citizenship is a serious procedure with significant consequences. Before making this decision, it is important to familiarise yourself with all the conditions and procedures, particularly if you plan to re-acquire Serbian citizenship at some point in the future. For a general overview of all matters relating to Serbian citizenship, see our guide on how to obtain Serbian citizenship.
In this blog we will provide you with all the necessary information on the ways in which citizenship of the Republic of Serbia can cease. Citizenship of the Republic of Serbia may cease in three ways: release from Serbian citizenship, renunciation of Serbian citizenship and pursuant to the provisions of international treaties. In this blog we will focus on renunciation and release from Serbian citizenship — two legal procedures regulated by the Law on Citizenship that enable citizens to cease being citizens of Serbia on their own initiative.
The key difference between release and renunciation is as follows:
- Renunciation is available only to adults up to the age of 25 who were born and live abroad and who already hold another citizenship.
- Release is the standard procedure that applies to persons in the above category after the age of 25, or to persons who do not yet hold another citizenship (for example those in the process of acquiring one), and this procedure requires the fulfilment of the prescribed statutory conditions.
Contents
- Release from Serbian citizenship
- What happens to the passport after release from Serbian citizenship?
- Renunciation of Serbian citizenship
- Release or renunciation: key differences
- Cessation of citizenship under international treaties
- Frequently asked questions about the cessation of Serbian citizenship
- Cessation of Serbian citizenship: two important steps
Release from Serbian citizenship
Release from Serbian citizenship is a common choice among members of the Serbian diaspora, which according to the latest data numbers almost 3 million people. Many of them live in the states of the former Yugoslavia, the United States, Germany, Austria and other countries around the world. Citizens of the Republic of Serbia who wish to acquire citizenship of the country in which they live and work are often required to complete the procedure for release from Serbian citizenship. Whether this will be necessary depends on the regulations of the specific country.
For example, for dual citizenship of the Federal Republic of Germany and the Republic of Serbia, it was previously necessary to obtain permission from the German authorities before acquiring another citizenship. For current rules on dual citizenship in Germany, see our article on dual citizenship of Germany and Serbia.
In order to successfully submit an application for release from citizenship of the Republic of Serbia, the following basic conditions must be met:
1. Legal age
The applicant must be of legal age, i.e. over 18 years old. An application for release from citizenship on behalf of a child must be accompanied by the consent of the other parent, and if the child is over 14 years of age, the child's own consent must also be submitted. If the parents are divorced, the application may only be submitted by the parent to whom the child has been entrusted for care and upbringing by a final court decision.
2. Acquired citizenship or a guarantee of new citizenship
The applicant must hold citizenship of another state or have a guarantee that they will acquire citizenship of another state upon release from Serbian citizenship. This is important in order to avoid a situation in which the individual becomes stateless (a person without citizenship).
3. Settled obligations towards the state
The applicant must have settled all military, tax and other statutory obligations towards the Republic of Serbia. This includes paid taxes and completion of military service, where applicable.
4. Regularised property-law obligations
The applicant must have regularised their property-law obligations arising from matrimonial relations and relations between parents and children towards persons residing in the Republic of Serbia.
5. No criminal proceedings pending against the applicant
No criminal proceedings for offences that are prosecuted ex officio must be pending against the applicant, and if the applicant has been sentenced to imprisonment in the Republic of Serbia, that sentence must have been served.
Practical example: release from Serbian citizenship
Mr Marko Jovanović, born in 1980 in Belgrade, has been living and working in the Netherlands for many years. In 2005 Marko met the conditions for Dutch citizenship and, due to professional obligations and better business prospects, decided to apply for admission to Dutch citizenship. As the Netherlands does not allow dual citizenship upon naturalisation, Marko decided to apply for release from Serbian citizenship in order to regularise his legal status. In December 2023, Marko submitted an application for release from citizenship of the Republic of Serbia through the diplomatic and consular mission of Serbia in The Hague, the Netherlands. Together with the application he submitted all the necessary documents proving his intention to acquire Dutch citizenship, as well as the application for release from Serbian citizenship. Following a detailed review and processing of the application, the Ministry of the Interior of the Republic of Serbia issued a decision on release from citizenship for Mr Jovanović in March 2024. This decision confirmed that Marko Jovanović ceased to be a citizen of the Republic of Serbia from the date of the decision. Marko now holds only Dutch citizenship, which affords him full legal recognition and benefits in the Netherlands, where he plans to continue his career and life. If you, like Marko, are now solely a foreign national, see our article on residence of foreigners in Serbia.
Procedure and duration of the release process
The application for release from citizenship is submitted in person or through a proxy to the Ministry of the Interior of the Republic of Serbia or at the diplomatic and consular mission of Serbia in the country of residence. The competent authorities verify the submitted documentation and decide on the application. The process may take several months, depending on the complexity of the case. Following the review, a decision on release from citizenship is issued. If the application is approved, the competent authority issues a decision on release. Serbia, as a signatory to the 1961 Convention on the Reduction of Statelessness[1], is committed to preventing statelessness. This principle is embedded in the legislative framework to ensure that all citizens have legal protection and belong to a state.
In cases where a guarantee instrument has been submitted in the course of the cessation of citizenship procedure (indicating that the person will only be admitted to citizenship after cessation of Serbian citizenship), special rules apply. If a person who has been released from citizenship of the Republic of Serbia does not acquire foreign citizenship within one year from the date of the decision on release, and if that person remains stateless, the authority that issued the decision will annul it upon a written request by that person. The request for annulment of the decision on release from citizenship of the Republic of Serbia may be submitted within three months of the expiry of the prescribed deadline for acquiring new citizenship.
It is important to note that release from citizenship of the Republic of Serbia will not be approved if it is necessary for the security or defence of the country, on grounds of reciprocity, or if it is required by the economic interests of the Republic of Serbia, as the Ministry of the Interior always retains discretionary authority in its decision-making.
What happens to the passport after release from Serbian citizenship?
Once the decision on release from citizenship has been delivered to you, your passport and identity card will be invalidated. During the period between delivery of the decision on release from citizenship of the Republic of Serbia and formal admission to the citizenship of the chosen state, it is recommended that you do not plan any travel. This is important in order to avoid potential difficulties at border crossings, given that during this period you will formally have no valid Serbian travel documents. Information on what the Serbian passport enables is available in our blog on the Serbian passport and how to obtain it.
This period may also be used to prepare the necessary documents and formalities required for acquiring citizenship of the new country. It is important to comply with the legal and administrative requirements in the country in which you wish to acquire citizenship to ensure that this process proceeds smoothly and without problems.
A helpful analogy: the situation is like selling your car before buying a new one. In the meantime you are without transport. Planning this period carefully is key to a smooth transition.
This practice is a standard procedure to ensure that the change of citizenship is carried out in accordance with legal requirements and security protocols, providing you with legal certainty in your new legal environment.
Renunciation of Serbian citizenship
Renunciation of citizenship of the Republic of Serbia is a simple and swift procedure in which a person voluntarily renounces their citizenship without the need for formal approval from the Serbian state. The renunciation procedure for Serbian citizenship is less formal and faster compared to the release process, making it a suitable choice in situations where it is necessary to quickly cease to be a citizen of Serbia.
In order to renounce citizenship of the Republic of Serbia, a person must meet the following conditions:
1. Legal age
The person must be of legal age at the time of renunciation, while the option of renouncing citizenship of the Republic of Serbia is available up to the age of 25. For minors, the procedure is carried out on their behalf by their parents.
2. Born and living abroad
The person must have been born and be living outside the territory of the Republic of Serbia.
3. Possession of foreign citizenship
The applicant must hold foreign citizenship. It is important to note that the Law on Citizenship of the Republic of Serbia currently does not provide for the possibility of re-acquiring citizenship for persons who renounced their Serbian citizenship themselves while they were adults. However, there is a possibility for persons who renounced their citizenship as minors to request re-acquisition after reaching adulthood.
Renunciation of citizenship is carried out by submitting a declaration of renunciation of citizenship. This declaration is submitted to the competent authority, usually the diplomatic and consular mission of the Republic of Serbia in the country of residence or directly to the Ministry of the Interior of the Republic of Serbia.
Practical example: renunciation of Serbian citizenship
Milica Stojković, born in 2000 in Zurich, has been living and working in Switzerland for many years. Milica holds Swiss citizenship as a result of her long-term residence, as well as Serbian citizenship by descent. Although Switzerland permits dual citizenship, Milica decided to renounce her Serbian citizenship for personal reasons. In September 2022, Milica submitted a declaration of renunciation of Serbian citizenship through the diplomatic and consular mission of the Republic of Serbia in Zurich. In the declaration she expressed her wish to renounce Serbian citizenship out of a personal sense of belonging and identity with Switzerland. Although there were no legal or administrative obligations compelling her to renounce Serbian citizenship, Milica wished to formally express her choice and feelings regarding her citizenship. The Ministry of the Interior of the Republic of Serbia received her declaration of renunciation and issued a confirmation of the cessation of her Serbian citizenship in December 2022. This formally confirmed that Milica Stojković had ceased to be a citizen of the Republic of Serbia.
Release or renunciation: key differences
| Renunciation | Release | |
|---|---|---|
| Effect | On the date the declaration of renunciation is made | On the date the decision of the competent authority is issued |
| Conditions | Less stringent | More stringent |
| Possibility of re-acquisition | Not permitted, unless the person was a minor at the time of renunciation | Permitted |
Renunciation is not advisable for persons who plan to return to and reside in Serbia.
Cessation of citizenship under international treaties
In a previous blog on acquiring Serbian citizenship we noted that one of the grounds for acquiring citizenship may be found in international treaties. Accordingly, cessation of Serbian citizenship may also be regulated by the provisions of international treaties, although this is not a common occurrence. Such a method of cessation of citizenship is usually associated with situations such as changes to state borders or specific events that require inter-state agreements.
International treaties play a crucial role in defining citizenship relations between two or more countries. They may affect the rights and obligations of citizens with regard to citizenship, including possibilities for the cessation of citizenship.
It is important to note that this situation does not arise frequently and is usually the result of specific international events or agreements that directly affect the legal status of citizens. In practice, the majority of cases of cessation of citizenship are governed by the national legislation of the country in which the person holds citizenship.
Frequently asked questions about the cessation of Serbian citizenship
Is it possible to annul a decision on release or renunciation of Serbian citizenship?
Yes, in the case of release: if a person who has received a release decision does not acquire foreign citizenship within one year from the date of the decision, they may submit a request for annulment of the release decision. The deadline for submitting a request for annulment is three months after the expiry of one year from the date the decision was issued.
Renunciation of Serbian citizenship is irrevocable, and it is not possible to re-acquire Serbian citizenship once a person has renounced it.
For details on re-acquiring citizenship, see our article on re-acquiring citizenship.
Can Serbian citizenship be re-acquired after renunciation?
No, for adults. The Law on Citizenship does not provide for the possibility of re-acquisition for adults who renounced their citizenship themselves. If you are considering acquiring Serbian citizenship on another basis, see our guide on Serbian citizenship by descent and Serbian citizenship through marriage: conditions, procedure and what to expect in practice.
What happens to the Serbian passport and identity card after release?
The Serbian passport and identity card are invalidated immediately upon collection of the release decision. During the period between delivery of the decision and acquisition of new citizenship, it is advisable not to plan any travel. Information on what the Serbian passport enables is available in the article on the Serbian passport and how to obtain it.
How long does the procedure for release from Serbian citizenship take?
The procedure takes several months, depending on the complexity of the documentation and the workload of the competent authority. The application may be submitted in person or through a proxy at the Ministry of the Interior or through the diplomatic and consular mission of Serbia abroad. Following the completion of the document review, the competent authority issues a decision. For details on regularising residence in the meantime, see the article on residence of foreigners in Serbia.
Is it possible to withdraw an application for release from Serbian citizenship?
Yes, provided that new citizenship has not yet been acquired. If a person does not acquire foreign citizenship within one year, they may submit a request for annulment of the decision. The deadline for the request is three months after the expiry of the one-year period.
Cessation of Serbian citizenship: two important steps
Cessation of citizenship is a complex legal topic that is examined in the context of international standards and national legislation. Through this blog we have explored various aspects of the cessation of citizenship of the Republic of Serbia, highlighting the different legal grounds and procedures that citizens must fulfil if they wish their Serbian citizenship to cease.
In any case, if you are considering the cessation of Serbian citizenship, it is advisable to consult a lawyer specialising in immigration law and the rights of foreigners, who will help you determine the most straightforward path to the cessation of your Serbian citizenship.
About the authors
- 1961 Convention on the Reduction of Statelessness, UNHCR: unhcr.org ↑
- Law on Citizenship of the Republic of Serbia, Official Gazette of RS, nos. 135/2004 and 90/2007: paragraf.rs
- Office for Cooperation with the Diaspora and Serbs in the Region: dijaspora.gov.rs
