The approval for temporary residence, permanent settling or giving visas for a longer stay are the basic preconditions for employing a foreign citizen and giving a work permit in the Republic of Serbia. The procedure of foreign citizens' employment is related to temporary residence and work permits and all the conditions for their employment are defined by the Law.
One of the conditions for employing a foreign citizen, which is concretely related to getting a visa for a longer stay, begins its appliance from January 1st, 2020.
The president permit of a foreign citizen on the base of employment
An employer – a company that wants to employ a foreign citizen, will from January 1st, 2020 have a possibility to begin a procedure for getting a work permit at the same time as a procedure of getting a visa for a longer stay. The procedure can be initiated even if a foreign citizen is still abroad and the procedure for getting a visa is underway. This means that from January 1st, 2020 any employer who wants to employ a foreign citizen will be able to start the procedure for getting a work permit, even if this foreign citizen is not in Serbia.
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Approving the visa for a longer stay on the cause of employment is the procedure started by a foreign citizen (who wants to get employed in Serbia. This application is started and led in front of a diplomatic–consular office.
The visa for a longer stay based on employment is given in duration from 90 to 180 days. This visa is an official approval for foreign citizens to enter and stay on the territory of the Republic of Serbia from 90 to 180 days. This application is submitted to the diplomatical-consular office, where this demand is discussed.
The procedure for giving a work permit is led in front of the National employment agency. All the activities are started by the employer.
Temporary residence for a foreign citizen in Serbia
Temporary residence is a permission which allows a foreign citizen to stay in the Republic of Serbia. Period on which this permission is approved is defined by the Law:
- It is given to a foreign citizen who intends to stay in Serbia for longer than 90 days,
- In exceptional cases, it is given to foreign citizens who stay in Serbia for less than 90 days, but just on the cause of employment.
According to the Law on foreigners, if a foreign citizen intends to stay in Serbia longer then 90 days, he can get the temporary residence on several causes. This permission can be approved or extended for:
- Learning Serbian language,
- Participating in international students exchange programs,
- Training and practice,
- Religious service,
- Curing or care,
- Owning a real estate,
- Humanitarian work,
- Human traffiking victim (as well as the status of assumed human traffiking victim),
- Other legitimate reasons in accordance with the Law or international contract.
Temporary residence can be approved on the cause of employing a foreign citizen on less than 90 days. This permission is given if a foreign citizen intends to stay less then 90 days in Serbia and during that period to be engaged by the employer with whom he has signed a contract. He must have the work permit if he wants to work. In that case, he must apply for approving the temporary residence and the application for getting a work permit for employment
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All the documents – the application for approving the temporary residence and the application for getting a work permit for employment are submitted to the state institutions. HLB T&M Consulting - the accounting agency can do this procedure instead of you and help you gather all the necessary documents and even submitt the application in your name.
Types of work permits in Serbia for foreign citizens
There are two types of work permits. They are given as:
- The personal work permit,
- The work permit.
The personal work permit is a type of work permit which allows foreign citizens to freely employ and achieve right on self-employment. It also allows them to achieve right in case of unemployment. This permission is given on the foreign citizen's demand in the next cases:
- If a foreign citizen has approval for permanent settling,
- If a foreign citizen is considered a refugee,
- If he belongs to a special category of foreign citizens.
In accordance with the Law, which arranges the stay of foreign citizens in our country, personal work permit can be given in case of marriage. It is given on demand of a member of foreigner's family
The second type of a permit for work is a work permit which is given as:
- The work permit for employment,
- The work permit for special cases of employment,
- The work permit for self-employment.
The personal work permit and the work permit for employment can not be given at the same time. During one period, only one work permit can be given.
# 1 Work permit for employing a foreign citizen
Work permits for employment are work permit which allows the foreign citizen to conclude a labour contract with the employers from Serbia. This type of work permit is approved on a certain period, maximum on the period of temporary residence.
The employer and foreign citizen can conclude a fixed-term contract, but can also conclude a full-time contract. If the labour contract lasts longer than the period of the foreign citizen's work permit, the contract must have a clause of nullity and termination in a special article. The labour contract ceases to be valid if the foreign citizen does not get a new work permit after the present work permit expires.
The work permit for employing a foreign citizen is given on demand of the employer. To employ a foreign citizen, he must meet the conditions in accordance with the law and existing regulations. Those are:
- That before applying for a work permit they did not fire employees (because of technological, economical or organisational changes on workplaces for which they ask the work permit),
- That the employer did not find citizens of the Republic of Serbia who meet the criteria ten days before applying (persons who have open access to the work market, foreign citizens with a personal work permit, the person who have necessary qualifications and are in the register of the National employment agency,
- That he submits the proposition of a labour or any type of contract.
The foreign citizen who has a visa for a longer stay on the cause of employment can get a work permit for employment. This rule will be applied from January 1st, 2020.
The temporary work permit for employing a foreign citizen can be given to a person who meets all the conditions from the employee's demand (knowledge, capability, qualifications, experience and similar). This work permit can be given if the employee previously gets the consent of minister for interior affairs ( and under the condition that the foreign citizen has applied for temporary residence
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Proficient and experienced team of HLB T&M Consulting accounting agency gives a complete support in explaining the conditions, and also during the procedure of foreign citizen's employment. We help companies around procedures, submitting applications and all additional things for getting work permits for foreign citizens.
# 2 The work permit for special cases of employement
Another type of work permit is a work permit for special cases of employment. It is given on demand of the employee for:
- referred persons,
- transfers inside the company,
- independent professionals,
- training and specialisation.
The employer can apply for a visa for referred persons who are employed with foreign employees. This work permit is given for jobs or services in the Republic of Serbia, based on the concluded contract of business-technical cooperation with a foreign company.
The work permit for transfers inside the company is a permit which is given for transferring or temporary reference of the employee to work in a branch office. The branch of a foreign company is a dependent company registered in the Republic of Serbia. This work permit is given on the demand of the branch office.
It is given to a person who is employed in a foreign company for at least one year on administrative positions- a director, a manager or a specialist for certain jobs. One of the conditions for getting the work permit is that he is employed on the same position in Serbia. Work permit for transferring within the company can be because of transferring or temporary reference of an apprentice to work in a branch office.
The work permit for the independent proffesional is a type of work permit which is given to an independent professional who is doing jobs on the territory of the Republic of Serbia. The independent professional is an entrepreneur registered abroad, who on the cause of directly concluded contract with his employer from Serbia is doing his job. The work permit for the independent professional is given on the demand of the employer or the final user of services.
The work permit for training and specialisation is the type of work permit which is given for training, apprenticeship, proffesional practice, specialisation, improvement and similar. This work permit can be given on the demand of both employer and foreign citizen.
# 3 A self-employment work permit in Serbia
A self-employment work permit is a type of work permit that is given to the foreign citizens for employment in their company. This work permit can be given to the foreign citizen on his demand:
- If he has a visa for a longer stay on the cause of employment (this rule will be applied from January 1st, 2020.),
- If he has a temporary residence approved in the Republic of Serbia.
Before submitting the application for self-employment work permit, the foreign citizen must gather and submit documents like statement about type of job,statement about duration and range of job, the proof of adequate qualifications, pre-contract and contracts of owning or renting a business premise, statements about the number and the structure of employees and other similar documents.
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Self – employment work permit is given on the same period as the approval for temporary residence, but can be approved on a one-year maximum. After that, the foreign citizen can extend his work permit.
All the questions and decisions related to the procedure of getting, extending, canceling or termination of work permits are brought or resolved by the National employment agency.
If you have any doubts or questions related to getting the work permit for foreign citizens (for employment or self-employment) HLB T&M Consulting stands at your disposal. You can consult us with a question on the procedure, gathering document and submitting the documents.