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Legalisation of Foreign Public Documents

Legalisation of Foreign Public Documents

Legalisation of Foreign Public Documents is done either on the basis of the he Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, the Apostille Convention, or by authentication by legalization.

Apostille

Apostilles are affixed by Competent Authorities designated by the government of a state which is party to the convention. A list of these authorities is maintained by the Hague Conference on Private International Law. To be eligible for an Apostille, a document must first be issued or certified by an officer recognized by the authority that will issue the Apostille.

Apostille is the only formality that, under the Convention, may be required so that public documents which have been executed in the territory of one Contracting State may be produced in the territory of all Contracting States, with the power of evidence of public documents of these states. It applies to the documents emanating from an authority or an official connected with the courts or tribunals of the State, including:

  • court documents;
  • administrative documents;
  • notarial acts;
  • official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures.

Authentication by legalisation

A state that has not signed the Convention must specify how foreign legal documents can be certified for its use. Two countries may have a special convention on the recognition of each other’s public documents, but in practice this is infrequent.

Otherwise, the document must be certified by the foreign ministry of the country in which the document originated, and then by the foreign ministry of the government of the state in which the document will be used; one of the certifications will often be performed at an Embassy or Consulate. In practice this means the document must be certified twice before it can have legal effect in the receiving country.

When the legalisation is not required?

The legalization of foreign public documents and Apostille is not required:

  1. When there is a ratified international agreement on the exemption of certain foreign public documents from any kind of legalisation between two countries where the public document will be produced.
  2. When documents issued in one country, based on de facto reciprocity, are not subject to legalization for use in other country.
  3. When the state authority before which the public document issued in one will be used, does not require legalization;
  4. When legalization is not possible due to the nature, character, or type of public documents (travel documents, identity cards, etc.), and when public documents relate to commercial, foreign trade or customs operations, i.e. accompanying the exported or imported goods, and are issued or verified by the competent Chamber of Commerce or customs authorities (customs declarations, invoices, certificates of customs supervision, origin, direct shipment, the end-user, etc.).

If you need more information regarding legalisation of foreign public documents or you need any assistance regarding this process, contact Asst Office.

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Employment of a Foreigner in Serbian

Employment of a Foreigner in Serbian
Milan Šogorov Attorney at Law - Legal Consultant

The right to free access to the labor market in Serbia, i.e. employment, self-employment and practice the right in case of unemployment, unless otherwise stipulated by an international treaty binding to the Republic, shall have:

  1. EU citizens;
  2. Members of the family of citizens referred to under 1., who are not EU nationals and who are granted temporary residence or family residence in those countries proving their right to free access to the labor market.

Who is considered as a family member?

Family members of EU citizens are:

  1. Spouses married or extramarital of EU citizens, in accordance with the law;
  2. Direct descendants of EU citizens under 21 years of age or direct descendants of their spouse, whether married or extramarital, under 21 years of age;
  3. Adopted children under 21 years of age or pastors of EU citizens or their spouse, whether married or extramarital, under 21 years of age;
  4. Natural persons stated under 2. and 3. of this paragraph older than 21 years of age who are unable to support themselves on their own, i.e. who is obliged to support an EU citizen or his or her spouse in marriage or extramarital;
  5. The direct ancestors of EU citizens or the direct ancestors of their spouse, whether married or extramarital, which the EU citizen or his or her spouse is obliged to support.

Natural persons who have the right to free access to the labor market do not need a work permit within the meaning of the provisions of Law on Employment of Foreigners.

Can foreign employer direct non-EU foreigner to work in Serbia?

A foreign employer domiciled in a Member State of the European Union, the European Economic Area or the Swiss Confederation may send a non-EU foreigner to work in Serbia without a work permit within the meaning of the Serbian Law, unless otherwise provided by an International Treaty binding for the Serbia.

The foreign employer may direct the foreigner referred to in previous paragraph of this Article provided that he has:

  1. Contract concluded with the employer or the end user of the services, which must include the place and deadline for performing the work;
  2. Concluded an employment contract with the foreigner referred to in previous paragraph this Article in accordance with the law in force in the Member State in which the foreign employer is established;
  3. The Act on Reference to Temporary Work in the Republic of Serbia, which determines the manner of exercising rights and obligations from work, as well as the manner of accommodation and food during the stay and work in the Republic.

The employment of a foreigner is realized on condition that he / she has a long-stay visa on the basis of employment, a temporary residence permit or permanent residence permit and a work permit, unless otherwise stipulated by Serbian Law.

Work permits for foreign workers

A work permit, shall be considered an Act on which grounds a foreigner may be employed or self-employed in Serbia.

A work permit may be issued as:

  • Personal Work Permit; or
  • Work Permit.

Only one type of work permit is issued for the same time period.

For all additional information regarding employment of a foreigner in Serbian, temporary and permanent residence permits, and work permits contact Asst Office, and our team will provide you with all necessary information.

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Serbian Citizenship by Ancestry

Serbian Citizenship by Ancestry
Milan Šogorov Attorney at Law - Legal Consultant

Serbian Law stipulate very strict rules on who can acquire Serbian citizenship. These rules are stipulated in the Law on the Citizenship of the Republic of Serbia. There are several ways how someone can acquire Serbian citizenship, and ancestry is one of those ways. Provisions regarding this matter are state in the Article 7 to 12 of the stated Law.

Who can acquire Serbian citizenship by ancestry?

As stipulated by the Serbian Law, Serbian citizenship by ancestry can acquire:

  1. A child whose parents at the time of her / his birth were citizens of the Republic of Serbia;
  2. A child born on the territory of the Republic of Serbia; whose one parent was a citizen of the Republic of Serbia at the time of her / his birth;
  3. A child born abroad; whose one of parents was a citizen of the Republic of Serbia at the time of her /his birth, while the other parent is unknown, or citizenship of that parent is unknown, or that parent is stateless;
  4. A child whose one of the parents was a citizen of the Republic of Serbia at the time of her / his birth and the other is a foreign citizen, if the parent who is a citizen of the Republic of Serbia registers him by the age of 18 with the competent diplomatic or consular mission of the Republic of Serbia as a citizen of the Republic of Serbia and if that parent applies for registration of the child in the Register of Citizens with the competent authority in the Republic of Serbia;
  5. A child born abroad, whose one of the parents was a citizen of the Republic of Serbia at the time of birth, is to become stateless, she / he will acquire Serbian citizenship regardless of the fact that above stated conditions are not fulfilled.

Who can submit Application for the entry in the birth registration?

In case when both or one parent at the moment of birth of the child are citizens of the Republic of Serbia, and the child is born abroad, a Request for entry in the birth registry, where citizenship of the Republic of Serbia is also recorded, is submitted to the competent diplomatic or consular mission of the Republic of Serbia, where the parent that is submitting a Request has resides temporarily.

In cases when both or one parent citizens of the Republic of Serbia, the Applicant must also submit together with the Application:

  • An original of the Birth Certificate of a foreign authority issued on an international form, all in accordance with the Paris or Vienna Convention or under a bilateral agreement. If the Birth Certificate is not on an international form but on the form of the country concerned, it must be translated, and a copy must be certified by the competent diplomatic or consular mission of the Republic of Serbia.
  • Proof of citizenship of the Republic of Serbia for the parent.

As proof of the citizenship one of the following documents must be submitted:

  • A Citizenship Certificate of the Republic of Serbia, not older than 6 months, which contains a clause on the basis and date of entry in the register of Serbian citizens; or
  • An Extract from the Register of Citizens kept in the Ministry of the Interior, issued in accordance with the Law, or
  • Birth Certificate where, in accordance with the Law, the fact of citizenship of the Republic of Serbia is stated, not older than 6 months, or
  • Passport, and
  • If the child is born extramarital proof of acknowledgment of paternity.

On the other hand, if a person is of legal age and has become stateless as a child and has not been registered nor she /he applied for registration, the Applicant shall also submit:

  • Birth certificate;
  • Proof that he or she is stateless (travel document for stateless person).

For all your question regarding this matter, and if you need assistance to acquire Serbian citizenship by Ancestry feel free to contact Asst Office at any time.

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Things To Know About Studying in Serbia

things to know about studying in serbia
Prof. Dr. Jelena Šogorov Vučković Legal & Banking Consultant

If you seek an opportunity to come and study in Serbia, here are some tips that might help you with all the formal procedures regarding applying to university and applying for a student visa and temporary residence permits. Here we will give you some basic information regarding studying opportunities in Serbia:

There are two types of studies in the Serbian system of higher education:

  • Academic studies, organized mainly at Universities;
  • Applied studies, organized either at Colleges of Applied Studies or at Universities.

Serbia joined the Bologna Process in 2003 and thus initiated a gradual reform process, which received its legal support in 2005 by the adoption of a new Law on Higher Education. This law formally introduced the European Credit Transfer System, a three-cycle system of study, and the diploma supplement. This reform process lasted until 2007 and from then on all new students’ study under the new reformed study programs.

Academic studies

The three-cycle system of academic studies includes:

  • Bachelor studies, which usually last four years with 240 ECTS, although three-year/180 ECTS Bachelor programs are also available;
  • Master studies lasting one to two years with 60 to 120 ECTS;
  • Doctoral studies (Ph.D.) with a minimum of three years of study or 180 ECTS.

Of course, some exception can be found like those in the field of medical science studies, like studies of medicine, dentistry and veterinary medicine studies, that are organized through integrated studies that last six years and must carry a minimum of 360 ECTS. Additionally, integrated pharmacy studies with 300 ECTS have been introduced.

Applied studies

The two-cycle applied (vocational) studies consist of:

  • Bachelor applied studies, which last three years and have 180 ECTS;
  • Specialist applied studies, which carry 60 ECTS and last one year;
  • Master applied studies, which last two years and carry 120 ECTS.

All higher education institutions must be accredited in order to obtain a license issued by the Ministry of Education, Science, and Technological Development. Private higher education institutions (not founded by the state) have the same status as public ones.

The principal language of instruction is Serbian for all educational levels. There are also study programs which are accredited in foreign languages, mostly in English, and in many Universities and Colleges, there are additional possibilities for foreign exchange students, such as organizing consultations with professors in English, etc.

At elementary and secondary levels, other languages of instruction include Albanian, Bulgarian, Croatian, Hungarian, Romanian, Russian and Slovak.

There are around 150 study programs at all educational levels that are accredited in English or other foreign languages that are available from the academic year 2018/2019.

Studying in the Serbian language can also be interesting for international students, as well. This significantly broadens the possibilities regarding the number of study fields and programs available. Besides, if you want to immerse yourself into the experience of living and studying in Serbia, it is always recommended to learn at least some Serbian.

Studies of Serbian residents at public institutions can either be financed by the state or by the students pay tuition for their studies. Students who study at private higher education institutions pay fees as determined by the higher education institution.

In some cases, there is a difference between the amounts paid by domestic and foreign students regarding tuition fees.

Tuition fee is determined by the institution and usually ranges from 1.000,00 EUR to 5.000,00 EUR per year.

For more information regarding studying in Serbia or how to acquire temporary residence permit as a student, feel free to contact us.

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Invest in Serbia – Immigrate to Serbia and Europe

Invest in Serbia – Immigrate to Serbia and Europe

“The Serbian government has also moved ahead with an ambitious economic and structural reform agenda which will contribute to a more attractive business environment: restoring growth, improving competitiveness, and creating new jobs. The Serbian administration will be more efficient, Serbian citizens will have access to better public services, better education for their children, and better healthcare.” – Mr. Johannes Hahn, European Commissioner for European Neighbourhood Policy and Enlargement Negotiations, Statement at the Serbian Parliament, 10 December 2015.

If you asked yourself why Serbia, then words of Mr. Johannes Hahn must be first when answering this question. Besides these kind words, there are also a few more essential things to take into consideration when talking on this subject.

Geographic location

Connecting the East and West, Serbia is often referred to as a gateway of Europe. Corridor VII – the River Danube and corridor X – the international highway and railroad, intersect on the Serbia territory, therefore providing excellent connection with Western Europe and the Middle East.

So, if you are looking for a location for your company and want to set your business operations close to European Union (EU), South East Europe (SEE) or the Middle East, Serbia is the perfect country for you.

Accessibility

There are two international airports in Serbia, one in Belgrade and one in Niš. Additionally, there are several international airports situated in a region that is close to Belgrade and especially Novi Sad, which is the second largest city in Serbia and the capital of the Autonomous Province of Vojvodina.

The airport in Budapest is only 2h 42 minutes from Novi Sad, Timisoara airport is 2h 41 minutes away from Novi Sad and Osijek airport is only 1h 45 min drive from Novi Sad.

Free Zones

Additionally, benefits for companies represent 14 free customs zones. Fiscal benefits like exemptions from any tax burden for FDI, VAT and specific local taxes, free of customs duties on import of goods, equipment and raw material used in exporting production and construction material for the building of infrastructure and financial benefits such as free cash flow are just a few of the many that 220 companies already use.

Access to Markets

If you are in a manufacturing business, Serbia can be especially interesting to you. Due to trading agreements, Serbian companies have access to a market of more than 1.1 billion Consumers that include the EU, the Russian Federation, the USA, Kazakhstan, Turkey, SEE, the European Free Trade Agreement members and Belarus. Also, the Serbian market is the second largest in SEE.

All of this represents an excellent opportunity for those who are considering starting a business or expanding your business to Europe. If you choose to register a company in Serbia, this will mean that you can apply for a temporary residence permit in Serbia.

On the other hand, if you want to move to Europe, but you are not sure which country to choose, we assure you that Serbia is the right choice for you. From rich cultural and historical heritage to low costs of living, Serbia is a place for people that are considering moving to Europe.

If you need any information or assistance regarding moving to Serbia and Europe, contact us today, and we will provide you with the right information.

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Temporary Residence in Serbia for Indian citizens

Temporary residence in Serbia for Indian citizens
Milan Šogorov Attorney at Law - Legal Consultant

At the very beginning, we believe that it is essential to say that Indian citizens who are holders of ordinary passports and other travel documents are not required to apply for visas for visits of up to 30 days, within one year.

There are several ways to acquire a temporary residence permit in Serbia, where more usual are:

Besides this, there are also other ways to acquire a temporary residence permit in Serbia, such as:

  • Employment in a Serbian company;
  • Marriage with Serbian citizen or with a person with Serbian permanent residence permit, including common law marriage.

All the stated ways also represent grounds on which you can apply for a temporary residence permit in Serbia. In addition to this, you will also need to prove that you are medically insured in Serbia and that you have enough money to sustain yourself while staying in Serbia.

Application for the residence permit is submitted to the Ministry of Interior Affairs with all necessary documents.

It is our firm belief that easiest way to acquire a temporary residence in Serbia would be either by registration of a business in Serbia either as a company or Sole Proprietor or based on possessing a property in Serbia.

Although you do not need a visa to stay in Serbia up to 30 days, we recommend that, if you are planning to apply for temporary residence in Serbia, fist you acquire D visa. This type of visa is also referred as long stay visa and is issued for stays that cannot be longer than 180 days in the period of 6 months, counting from the day of the first entry. It is important to emphasize that before you apply for D visa, you will need to be approved with C visa.

Documents that you will need to acquire D visa are:

  • Valid passport (passport must be valid at least 90 days from the issue date of visa)
  • Letter of invitation:
  1. for a private visit – invitation letter certified by the relevant authority of the Republic of Serbia;
  2. for a business visit – invitation letter by a company in Serbia;
  3. for a tourist trip – a proof of payment for the trip issued by a travel agency (voucher or another type of payment receipt);
  • Completed visa application form;
  • Photo (size 3.5×4.5cm);
  • Return ticket or Itinerary (copy of Driving License and Insurance if you travel by car);
  • Proof of having enough funds for staying in Serbia;
  • Health insurance
  • Visa fee.

Application for the visa is submitted to the Embassy of the Republic of Serbia in New Delhi.

If you are an Indian citizen and you have questions regarding the procedure or costs of acquiring a temporary residence, please contact us, and we will give you our best words of advice.

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How To Acquire Serbian Citizenship and Passport

How To Acquire Serbian Citizenship and Passport

For those who are considering moving to Serbia or are considering moving to Europe but are still not sure which country is right for them, it is essential to know how to acquire Serbian citizenship and how Serbian passport ranks in comparison to others.

There are several ways to acquire Serbian citizenship:

Acquiring by origin

Children, whose one or both parents are national of the Republic of Serbia at the moment of the child’s birth, under different conditions, can acquire a citizenship of the Republic of Serbia. A parent should make sure to report the child’s birth in time to the relevant diplomatic or consular mission of the Republic of Serbia, so that child’s name could be noted in the register of the citizens.

Also, if you are 18 years old but under 23, and at the moment of your birth your parents were nationals of the Republic of Serbia, but did not report your birth to the relevant diplomatic or consular mission, you should file an application to that relevant diplomatic or consular mission.

Acquiring by admission

If you are a foreigner who has permanent residence in the Republic of Serbia, you may acquire Serbian citizenship if you fulfill certain requirements, such as:

  • That you have turned 18 and have not been deprived of business capacity;
  • That you have been released from foreign citizenship or that you have presented evidence that you will be released from it, if admitted to citizenship of the Republic of Serbia;
  • That you had registered permanent residence in the territory of the Republic of Serbia for at least three years without interruption before submitting the application;
  • That you provide a signed statement that you consider the Republic of Serbia to be your country.

On the other hand, if you are a foreigner who has been married to a national of the Republic of Serbia for at least three years and who already acquired permanent residence in Serbia, you be admitted to citizenship of the Republic of Serbia if you submit a signed statement that you consider the Republic of Serbia to be your country.

Filing an application regarding citizenship

Application for acquisition of Serbian citizenship is decided by the Ministry of Internal Affairs. This application should be filed in person or through an authorized person, and for a child over the age of 14, the child’s consent is also required.

How well is Serbia passport ranked

Serbia ranks 28th in the list of countries according to travel freedom, which is a jump of three places relative to 2018 when Serbia was 31st in the world. Serbian citizens do not need a visa or immediately given upon entry to 128 countries.

Holders of Serbian passport can travel visa-free to 84 countries, while 43 countries issue visas immediately upon entry. Also, they need a visa to enter 71 countries.

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How To Obtain a Permanent Residence Permit in Serbia

How To Obtain a Permanent Residence Permit in Serbia

By temporary stay – residence permit

Permanent residency permit can be issued to a foreign citizen that has continuously stayed in Serbia for a period longer than five years, based on temporary stay – residence permit, up until the date of request submitting.

To a foreign citizen who obtained a temporary residence permit for the purpose of a job, employment, education, and study, half of the time spent in Serbia is counted as the time required for authorization of permanent residency permit. Also, a foreigner who stays in Serbia with repeated absence from Serbia up to ten months or with a single absence up to six months within five years is considered to be continuously staying in Serbia.

By marriage with a Serbian citizen

A foreign citizen who has been married for at least three years to a Serbian citizen and who has been granted permanent residence in Serbia may be admitted to citizenship of the Republic of Serbia if he submits a signed statement that he or she considers Serbia to be his or her country.

The marital community of living in the territory of Serbia or common law marriage is considered marriage, as well.

As a juvenile

As a juvenile, who obtained temporary stay – residence permit, may obtain a permanent residence permit in Serbia, if one parent is Serbian citizen or foreign citizen that has already acquired a permanent residence permit and with the consent of another parent.

Submitting a request for a permanent residence permit

Request for the residence permit is to be submitted at writing-office of the Ministry of Interior Affairs.

When submitting a request for the approval of permanent residence, the following shall be enclosed:

  1. A valid passport;
  2. Proof that the foreigner has enough funds to live on his own in Serbia;
  3. Proof that the foreigner possesses health insurance;
  4. Registration of the address of the residence in the Republic of Serbia – address of the apartment where the applicant has registered in the process of obtaining a temporary residence permit;
  5. Proof of payment of the prescribed administrative fee.

In addition to these documents, depending on the basis on which the foreigner was previously granted temporary residence in the Republic of Serbia, which is the basis for filing a request for permanent residence, one of the following documents is enclosed:

  1. Proof of ownership of the immovable property -excerpt from real estate list and other;
  2. Proof of working engagement in the Republic of Serbia;
  3. Proof of the existence of a kinship with a Serbian citizen or a foreigner that has already obtained permanent residence permit – excerpt from the register of births;
  4. Marriage certificate, not older than 6 months, and a birth certificate for a spouse, if the spouse is a citizen of the Republic of Serbia;
  5. A document stating an existence a marriage with a foreigner who has been granted permanent residence, in accordance with the national legislation of the country where the marital union is established;
  6. Evidence of free marital status for both partners and other evidence of the existence of an extra-marital community;
  7. Proof of origin from the Republic of Serbia – birth certificate for the applicant and birth certificate for one or both parents of the applicant.

If you have any question or you need assistance regarding obtaining both temporary and permanent residence permit in Serbia, or maybe in some other European country feel free to contact Asst Office at any time.

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Residence And Work Permit Procedure in Serbia

Residence And Work Permit Procedure in Serbia
Milan Šogorov Attorney at Law - Legal Consultant

Residence permit

In order to obtain the work permit a foreigner must, in the first place, obtain the approval for a temporary stay – residence permit.

Application for the residence permit is submitted to the Ministry of Interior Affairs with the following documents:

  1. Proof that the foreigner has enough funds to live on his own in Serbia;
  2. Proof that the foreigner possesses health insurance;
  3. Proof of the purpose of the temporary stay in Serbia;
  4. Proof that administrative fees are paid.

The Approval is issued in 30 days after the Application has been submitted. It is issued in the duration of one-year maximum (usually first two times resident permit is issued for a period of 6 months) and can be extended afterward. The Approval is issued in the travel document of the foreigner.

Once the temporary stay has been approved, the foreigner can initiate the procedure of obtaining the work permit.

Work permit

In case if the work permit is sought for employment, the application for issuance of the work permit is submitted by the Employer to the National Employment Agency. The application must be followed with the following documents:

  1. Certificate of Incorporation of the Employer;
  2. Travel document of the foreigner;
  3. Approval for Temporary Stay;
  4. Certificate issued by the Central Health Care Registers certifying that the Employer has not discharged any employees for the causes of technical, economic or other organizational changes on the workplace that the work permit is applied for;
  5. Certificate issued by the National Employment Agency that for past one month prior to the application there have been no Serbian citizens eligible for the workplace that the work permit is applied for;
  6. The proposition of the Employment Agreement in according to the law;
  7. Excerpt from the Regulation on the Organisation and Systematisation of Works related to the work of the foreigner;
  8. Diploma or another certificate on professional qualifications;
  9. A certificate stating that the foreigner meets the requirements prescribed for the work that the foreigner applies to;
  10. Proof that the administration fee has been paid.

The procedure may take up to 45 days, but usually, it is done in a shorter period.

In case if the work permit is sought for self – employment, the application for issuance of the work permit is submitted by the foreigner. An application must be followed with the following documents:

  1. Proof of professional qualifications and qualifications for the job;
  2. Proof of lease or ownership of business premises (contract or pre-contract);
  3. Proof of available equipment needed for work;
  4. Declarations on the type, duration and scope of work as well as the number and structure of employees;
  5. Letter of Invitation;
  6. Proof that the administration fees are paid.

One must begin with work no later than 90 days after obtaining a work permit.

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Financial Requirements For Temporary Residence in Serbia

Financial Requirements For Temporary Residence in Serbia

In essence, a foreigner will meet this requirement if they display the minimum needed amount at their non-resident bank account in Serbia. This amount is obtained by multiplying number 6 – because the residence permit is usually issued for a period of 6 months – by the average monthly salary in Serbia. The idea is clear – this rule puts the foreigner into the position of an employee in Serbia, who is assumed to be able to finance their life from these earnings.

Another option is for a foreigner to have a certain amount of euros in their account, which is calculated when you multiply the number of days spent in Serbia by 50 – since it is considered that 50 euros per day represent absolutely sufficient funds per diem in the account. It should be taken into account that this option requires significantly more funds in the account than the first option.

It is in both Serbia’s and the foreigner’s interest not only to be financially secured during the stay but to have the health insurance as well. For this purpose, when submitting a request for temporary residence, a foreigner should also provide proof in the form of a health booklet, private health insurance policy or health insurance from the home country with a special code that is valid in Serbia.

It takes about 3 weeks for getting residence permit after application.