To live and work in Serbia, foreign citizens must have an approved temporary residence and work permit. However, what is different in employing foreign citizens is the condition for approving temporary residence and work permits. This means that depending on the condition, the documentation differs both for temporary residence and work permits.
Every document which is submitted is different and depends on the cause for approving the temporary residence and work permit. For temporary residence, those are:
- Temporary residence for employing foreigners in Serbia,
- Temporary residence for referring to work in Serbia,
- Temporary residence for self-employment (for foreign citizens who intend to register as the entrepreneurs and employ in their own company).
The documentation is gathered and submitted to the authorities. Then, together with the application for approval of temporary residence and work permit application, it is submitted in the city with the registered headquarter of a company – the city where the company which employs the foreigner is registered.
In continuance, there is a description of the procedures and documentation.
1. THE WHITE CARD OR FOREIGN CITIZEN'S RESIDENCE REGISTRATION
The first condition which must be met in the process of applying is that a foreign citizen must have a border police stamp impressed in his passport. The stamp must have an exact date and place of entrance in Serbia. The procedure for getting the temporary residence and work permit can not be finished if the foreign citizen did not get a stamp of the border police.
Yet, it is possible to get that stamp afterward. In that case, a foreign citizen must go back to the border to cross it again and enter the country. He must cross the border (leave Serbia), than cross it again and enter the country to get the stamp. He must have the exact date and place of entrance written in his passport.
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The first step is finished with this stamp, and the next one is foreign citizen's residence registration.
To live in our country, every foreign citizen must get a white card.
The document for foreigner's residence registration is known as a white card. It is issued after this procedure. The owner of the apartment where the foreign citizen will live must declare his residence to the local police station at the latest 24 hours after the foreigner moves in the apartment. The application is filled by the owner of the apartment or the third person who is an owner's commissioner
When the owner or the commissioner fills in the white card, he declares the residence of the foreigner to the police station together with all the necessary documents. Those documents are:
- The application of foreigner's residence
- The foreigner's passport
- The proof of ownership
If the application is submitted by a commissioner, beside the enlisted documents, he also must submit a certified power of the attorney. The ID of the real owner does not have to be submitted, but it is recommended to have it in reserve.
The foreign citizen is not obliged to be present in the police station during the procedure. It is the same when he checks out.
2.APPLYING FOR THE TEMPORARY RESIDENCE PERMIT IN SERBIA
The next step is preparing the documentation to apply for temporary residence. This documentation and application for temporary residence are submitted to the Administration for foreigners, also in the police station.
When the application is submitted, the foreign citizen must be present which is different from applying to the place of residence. The application for approving the temporary residence is submitted together with the enlisted documentation (proofs). We will emphasize that often the authorities demand that the documents must be supplied with additional proofs.
The personal presence of the foreigner is obligatory when the application is submitted. Different from the application for approvement, this application for extension must be submitted earlier. The deadline for applying for the extension is at least three months before the deadline, and the latest 30 days before the end earlier approved temporary residence.
# THE PROCEDURE FOR THE TEMPORARY RESIDENCE
We will recall that the temporary residence can be approved to the foreign citizens who intend to be in Serbia for work longer than 90 days. It is approved in duration until one year and can be extended to a one-year.
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The procedure for approving the temporary residence does not last long and the answer is known in 15 days maximum. If the approval is confirmed, then it must be written down in the foreigner's passport. When it comes to the passport, the expiration date must be 3 months longer than the deadline of the temporary residence.
# OBLIGATORY DOCUMENTATION FOR TEMPORARY RESIDENCE IN SERBIA
The documentation gathered and submitted for getting the temporary residence is divided on
- Basic or obligatory- the documentation which is submitted on every cause,
- Special - the documentation submitted on the written cause.
The obligatory documents which are submitted with the application on every cause are:
- Valid personal document or passport,
- The proof of salary during the planned residence (the confirmation on personal disposable funds,
- The residence address or living address in the Republic of Serbia from the MIA or the white card,
- The proof of health insurance during the planned residence,
- The proof of paying the enlisted administrative fee,
- Two photos (35x45 mm, coloured, face),
- Filled form.
2.1 TEMPORARY RESIDENCE ON THE BASE OF EMPLOYMENT IN SERBIA
The special documents are submitted beside the enlisted obligatory documents:
- The application for approving the temporary residence based on employment,
- The act about the registration of the legal person or the entrepreneur in the Republic of Serbia ( or the decision about the registration of the company where the foreign citizen is employed),
- The employment contract (or the service contract or any other contract about engaging the foreign citizen),
- The report or estimation of the National employment agency about meeting the conditions for employment (when the foreigner is employed for the first time) or the NEA about approving the labour relation with the foreign citizen)
The temporary residence for employment is related to the foreign citizen's employment in Serbia. This is related to the foreign citizens who are not in labour relation abroad but want to get employed in Serbia. (to sign the employment contract with a company from Serbia where they will be employed.)
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The company which wants to employ a foreigner is obliged to apply to the NEA for getting the work permit for that person. The condition to employ the stranger and for the NEA to announce the decision in meeting the conditions is that there is no other person in the NEA lists which has the same qualification demanded by the company (for the workplace where the foreign citizen will be employed).
2.2. TEMPORARY RESIDENCE FOR REFERRING TO WORK IN SERBIA
The obligatory and special documents are gathered according to this cause. The documents necessary for referring to work in the Republic of Serbia (or for moving inside the company, transferring to the company registered in Serbia)
- The application for temporary residence on the cause of referring to work
- The act or decision about registration of a legal person in the Republic of Serbia
- The contract on business cooperation between the foreign and domestic company (the contract of business and technical cooperation)
- The decision of a foreign company about referring (or delegation) an employee to a company registered in the Republic of Serbia - it is necessary to submit the original and court interpreter's translation
- The confirmation of company registered in Serbia (about employing a foreign citizen)
Temporary residence for referring a foreign citizen to work in Serbia is a second cause for getting this work permit. It is related to getting the work permit for a foreign citizen who is employed abroad (in the same or other company), but it is referred to work in Serbia
The foreign citizen does not conclude an employment contract, but he is still employed abroad. He is referred to work in a company which has a headquarter in Serbia. In this case, the NEA does not have to send a report and decision about meeting the qualifications demanded by the company.
2.3. TEMPORARY RESIDENCE ON THE CAUSE OF SELF-EMPLOYMENT
Application for temporary residence based on self-employment is submitted for getting the work permit for foreign citizens who want to set up a company in Serbia. (for registering the entrepreneurs in Serbia). This is for the foreign citizens who want to self-employ, meaning those who want to start their company in our country and work there.
In that case, the foreign citizen is obliged to register himself as an entrepreneur in the Business register agency. The next step is that the application for temporary approval must be submitted to Administration for foreigners in the police station
The documentation which is submitted by cause of self-employment beside those enlisted before is:
- The application for temporary approval on the cause of self -employment,
- The act of registration of a company or an entrepreneur (or the act of registration from the BRA,
- Bank's transaction report.
Foreign citizens mostly register as entrepreneurs to simplify the cooperation with other big companies in our country. This trend is already present in the IT sector, where companies choose to engage the entrepreneur, (a person they would employ) rather than to employ him (conclude an employment contract).
Both foreign and Serbian citizens choose to do this to simplify their cooperation with other companies. The most important reason is the faster and simpler procedure.
3. GETTING THE WORK PERMIT ON THE CAUSE OF EMPLOYING A FOREIGN CITIZEN
The documents necessary for getting the work permit:
- The application for getting a work permit,
- The decision from the BRA about registering the employer in the business subject's register,
- Foreigner's passport or certified copy of the first page and the page with a stamp with approved temporary residence,
- The confirmation of a police station or the approval of temporary residence for a foreign citizen,
- The NEA's report about the work market test,
- The suggestion of employment contract or any other contract,
- Certificate from the CR of mandatory social security that the company has not fired its employees as a redundancy from that position,
- An abstract from rulebook about employer's organisation and systematisation of jobs,
- A diploma of the acquired education and court interpreter's certified translation of the diploma's copy,
- The proof of qualifications and work experience as well as court interpreter's certified copies about previous working experience,
- The proof that administrative tax is paid.
For work permit, the employer must submit the application to the NEA for getting the work permit or its extension. The employer must submit this application according to the headquarter's seat. After the application is submitted, the NEA is obliged to test the work market, which is done according to the demand of the company which wants to employ a foreign citizen.
The employer applies a market test (for intermediation in employing) for a certain workplace. The application must be submitted at least 60 days and the latest 10 days before getting the work permit.
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The NEA than runs a work market test (intermediation in employing) which lasts for 10 days. In that way, they check if there is an unemployed person who has the same qualifications as those from the application.
After that, the NEA creates the Report on realisation which is sent to the employer. Only after getting the report a company (an employer) can apply to get the work permit with all the necessary documentation.
3.1. WORK PERMIT FOR REFERRED PERSONS – NECESSARY DOCUMENTS
The documentation for getting the work permit which is submitted by the employer or the company:
- The application for getting the work permit
- The decision from the BRA
- Foreigner's passport or certified copy of the first page and page with a stamp
- Approval about the temporary residence in Serbia
- The signed contract about business-technical cooperation or other contracts between two companies (a company from Serbia for which business or services are done and a foreign company)
- Court interpreter's certified translation of business-technical cooperation contract
- Court interpreter's certified translation for the contract or the confirmation of the foreigner's employment in the International company
- The contract or the confirmation that the stranger's meal costs are refunded (together with the court interpreter's certified copy of that contract or confirmation)
- The contract about renting an apartment where a foreign citizen will live and work in the Republic of Serbia
- The act or the confirmation of the international company about referring a foreign citizen together with the court interpreter's certified copy of that contract or confirmation)
- The proof that administrative tax is paid
3.2. WORK PERMIT FOR TRANSFERRING WITHIN THE COMPANY
The documentation necessary for getting the work permit for transferring within the company is submitted by the branch office of the company (or the depending company registered in Serbia. These are the documents:
- The application for getting a work permit for transferring within a company which is a part of a legal company from abroad
- The decision from the BRA
- Foreigner's passport or certified copy of the first page and the page with a stamp
- Approval about the temporary residence in Serbia
- The contract or confirmation from the company that the foreign citizen is employed for at least one year in that company on the position of a director, a manager or a specialist (together with the court interpreter's certified translation of this document
- The act or the confirmation of the international company about referring a foreign citizen to work in Serbia (on position of a director, a manager or a specialist) together with the court interpreter's certified copy of that contract or confirmation
- Paid administrative tax
3.3. WORK PERMIT FOR SELF-EMPLOYMENT – NECESSARY DOCUMENTATION
The documents for getting the self-employment work permit are submitted by the foreign citizen. These are the necessary documents:
- The application for getting the work permit for self-employment
- A passport or its certified pages (the same as in previous cases)
- Approval for the temporary residence of a foreign citizen in Serbia
- The statement about his activities (its type, duration, the volume of activities together with the data and structure of future employees)
- The proof about qualifications and working experience in doing a certain job (together with a court interpreter's certified copy of the same document
- Contract or pre-contract about owning or renting a business premise used for job
- The proof that an administrative tax is paid
HLB T&M Consulting is there for all the questions about getting the work permits for foreign citizens. We are open to everything that you want to know about the procedure, documentation and submitting.