On January 7th, 2021 the Rulebook on detailed conditions for submitting a request for temporary residence approval electronically entered into force.
It has been adopted by the Minister of Interior on the basis of Article 41 paragraph (10) of the Law on Foreigners (“Official Gazette of RS”, no. 24/18 and 31/19), and will start to apply as of April 1st, 2021 (hereinafter the “Rulebook“).
JPM Senior Associate Anja Šakan provides detailed conditions and procedures for the submission, ahead of the start of its application when the prescribed procedure should function in practice and greatly facilitate foreign citizens in regulating their residence status in the Republic of Serbia.
In accordance with the Rulebook, a request for a temporary residence approval can be filed electronically by a foreign citizen both when he is located on the territory of the Republic of Serbia, but also from abroad.
The electronic application form for the approval, i.e. extension of the temporary residence is enclosed to the Rulebook and forms an integral part thereof.
In order to be able to submit the request electronically, a foreigner must be registered at the eGovernment Portal (Portal eUprava). Upon registration, the request is submitted at the eGovernment Portal, within the service on the domain entitled “Livinginserbia”.
After submitting the request, the foreigner receives, through eGovernment Portal, instructions for further action and is being informed about the course of the procedure by the competent authority.
In case the conditions for granting temporary residence are met, the foreigner is being notified in his unique electronic mailbox at the eGovernment Portal about the date and address of the competent authority, where his personal presence is required in order to enter in his passport a sticker on the approved temporary residence.
If the conditions for granting temporary residence are not met, the foreigner shall be sent a decision on the rejection of the request for temporary residence in his unique electronic mailbox at the eGovernment Portal, all in accordance with the law.
As a reminder, the latest amendments to the Law on Foreigners from 2019 introduced the possibility of submitting a request for approval, i.e. extension of the temporary residence, electronically, but also a possibility to file a unified request for temporary residence approval and work permit, while the ministers responsible for internal affairs and employment had a period of six months to adopt by-laws regulating in more details conditions for submitting the request electronically, as well as the appearance and content of the unified request form and accompanying documentation that is to be submitted along with the request.
On November 28th, 2020, the Minister of the Interior and the Minister of Labor, Employment, Veterans’ and Social Affairs adopted the Rulebook on the unified request for approval, i.e. extension of temporary residence and issuance of a work permit to a foreigner (“Official Gazette of RS”, no. 144/2020) while the adoption of the Rulebook was postponed due to the lack of technical conditions for its implementation.
Now that the mentioned Rulebook has finally been adopted and entered into force, we have to be a little more patient, wait for its application to start on April 1st, and see if the prescribed procedure will finally function in practice and greatly facilitate foreign citizens in regulating their residence status in the Republic of Serbia.
By Anja Sakan, Senior Associate, JPM Jankovic Popovic Mitic
