Unlock Europe: Serbian Citizenship Fast Track!
The Draft Law on Amendments to the Law on Citizenship of the Republic of Serbia (“Official Gazette of RS”, No. 135/04,90/07, and 24/18) explicitly attempts to simplify Serbian citizenship admission.
This Draft Law is finally revealed. It’s here.
Facilitating origin-based citizenship
Article 1 of the Draft Law allows a foreign citizen parent to request citizenship for a child if the Serbian parent has died or lost parental rights. Only a Serbian citizen parent can request citizenship for a kid under the present citizenship law.
Acceptance of citizenship
2.1 Article 2 of the Draft Law requires only two conditions for a foreigner who has been granted permanent residence in Serbia in accordance with the regulations on movement and residence of foreigners to be granted citizenship at his/her request:
1) that he/she is 18 and legal;
2) that he/she writes that Serbia is his/her nation.
The current law adds two conditions:
1) that he/she has a release from foreign citizenship or offers proof that he/she will receive one if accepted to Serbian citizenship;
2) that he/she has lived in Serbia for three years before applying.
2.2 Under Article 3 of the Draft Law, a foreigner can be admitted to Serbian citizenship if, on the basis of the approved temporary residence, he or she has lived in Serbia for at least one year before applying for citizenship and meets the following conditions: 1) has obtained secondary or high education in t
2.3 Article 4 of the Draft Law allows a 23-year-old who was born abroad and one of his/her parents was a citizen of the Republic of Serbia at the time of birth to apply for citizenship if he/she would remain without citizenship otherwise and has lived in Serbia for at least three years.
2.4 According to Article 5 of the Draft Law, a foreigner who has been married to a Serbian citizen for at least ten years can be granted citizenship if he/she submits a written statement stating that Serbia is his/her country. The Draft Law does not need a foreigner to be married to a Serbian citizen for three years, but the current law does require permanent residence in Serbia.
The Draft Law adds aggravations:
Article 6 of the Draft Law aggravates. Namely, the Currently applicable Law states that an emigrant and his/her descendant can be admitted to the citizenship of the Republic of Serbia if they have reached the age of 18 and have not been deprived of their legal capacity and if they submit a written statement that they consider Serbia to be their country, but the Draft limits that to only the descendant up to the second degree of linear relation. According to the Draft, the spouse or descendent of an emigrant cannot be granted Serbian citizenship if they provide a written statement stating that Serbia is their nation. The current law defines an emigrant as a person who has moved out of Serbia with the intention of permanently living abroad, but the Draft Law adds that the emigrant must be a Serbian citizen.
3.1 Article 8 of the Draft Law allows a parent or guardian to request a child under 18’s release from Serbian citizenship if it’s in their best interests. Even if the parents are divorced and the court trusts one parent with the kid, the other parent must concur to the request to release the child from Serbian citizenship. If the other parent does not consent to the child’s release from Serbian citizenship, is of unknown residence, or is deprived of business capacity or parental rights, the competent guardianship authority may accept the request if it is in the child’s best interest.
3.2 Article 9 of the Draft Law states that if a person who has been released from Serbian citizenship does not acquire foreign citizenship within five years of receiving the decision on release and remains without citizenship, the authority that issued the decision shall revoke it at the written request of that person. Current law allows this within one year of the release decision.