HOW TO GET A PERMANENT RESIDENCE IF YOU ARE A FOREIGNER IN THE REPUBLIC OF SERBIA

Conditions for submitting a request

Foreign citizen may submit a request for permanent residence if he meets one of the following conditions:

• If, until the day of submitting the application for permanent residence in the Republic of Serbia, he / she has resided continuously in the Republic of Serbia for more than 5 years on the basis of a temporary residence permit, with the possibility of multiple absences from the Republic of Serbia for up to 10 months or one-time absence of up to six months,
• If he / she has been in a marital or extramarital union for at least 3 years with a citizen of the Republic of Serbia, or with a foreigner who has permanent residence in the Republic of Serbia;
• If the minor is on a temporary residence in the Republic of Serbia, and one of his parents is a citizen of the Republic of Serbia, or a foreigner who has permanent residence in the Republic of Serbia;
• If he / she originates from the territory of the Republic of Serbia;
• If he / she has been granted temporary residence, and reasons of humanity or interest of the Republic of Serbia require for permanent residence to be granted.

Jurisdiction to decide on the request

The Ministry of Internal Affairs shall decide on the request for permanent residence of a foreigner in the Republic of Serbia within 60 days from the day of submitting the request. When deciding on the submitted request for approval of permanent residence, in addition to assessing whether the conditions are met, the said Ministry also obtains an assessment, issued by the state body responsible for security protection of the Republic of Serbia, on whether the permanent residence of the foreigner in the Republic of Serbia represents an unacceptable security risk for the state. The deadline for submission of the assessment is 55 days from the day of submitting the request for consideration.

Rejection of permanent residence requirements

An application for permanent residence will be denied to a foreigner if:

• He / she does not meet the requirements prescribed by the Law on Foreigners;
• He / she has been sentenced to imprisonment for a term exceeding six months for a criminal offense for which he is prosecuted ex officio, or if proceedings have been initiated for such a criminal offense;
• If the denial is necessary, given the reasons for protecting the security of the Republic of Serbia and its citizens;
• A ban on the foreigner’s entry into the Republic of Serbia is in force;
• A security measure or expulsion measure has been imposed on the foreigner.

Rejection of the request for permanent residence in the Republic of Serbia does not jeopardize the possibility for a foreigner to continue staying in the Republic of Serbia on the basis of approved temporary residence, if he meets the conditions provided by the Law on Foreigners prescribed for temporary residence.

Possibility to appeal the decision and postpone the execution in the first instance procedure

Against the decision rejecting the request for permanent residence, the foreigner may file an appeal with the body that issued the decision, within 15 days from the day of receipt of the decision. The Government decides on the appeal submitted against the said decision. The execution of the decision is postponed by the appeal.

An administrative dispute may be initiated against the decision made in the second instance procedure (taking place before the Government). Initiation of an administrative dispute does not delay the execution of the Government’s decision.